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Agenda Council Agenda 062900
L� 10 City of Palm Beach Gardens • Council Agenda June 29, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado a Council Member Sabatello pleMrh6rUru All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JUNE 29, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. CITY MANAGER REPORT: a. Public Information Report b. Construction Update C. Drainage Update d. Transportation Update e. School Sites VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: a. Consideration of approving Minutes from the June 1, 2000 Regular City Council Meeting. b. Consideration of awarding bid for Riverside Community Center roof. C. Consideration of awarding bid for Exterior Sign Program for Municipal Complex. d. Consideration of awarding bid for Police Vehicle Painting. VIII. PUBLIC HEARINGS: a. Ordinance 15, 2000 — PUD Amendment - Cafe Chardonnay Outdoor Seating and Service. Consideration of an Ordinance of the City Council 40 of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Cafe Chardonnay for the addition of outdoor seating for the Garden Square Shoppes at the northwest corner of PGA Boulevard and Military Trail, as more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on Second Reading) b. Ordinance 16, 2000 - PUD Amendment - Paddy Mac's Outdoor Seating and Service. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Paddy Mac's for the addition of outdoor seating for the restaurant located within the Garden Square Shoppes at the northwest corner of PGA Boulevard and Military Trail, as more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on Second Reading) C. Ordinance 18, 2000 - Nativity Lutheran Alzheimer's Adult Day Care Conditional Use. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Nativity Lutheran Church, Inc. for approval of the Conditional Use of "Adult Day Care ", thereby permitting an Alzheimer's adult day care facility for up to 24 patients at Nativity Lutheran Church and School, located at the northwest corner of Holly Drive and Plant Drive, as more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on Second Reading) d. Ordinance 19, 2000 — Art in Public Places — The Commons Parcel I. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the Art In Public Places proposal for the Commons I Project located on south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA, as originally approved by Ordinance 7, 1999; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on Second Reading) e. Resolution 47, 2000 — 2700 PGA Boulevard Sign Variance. Consideration of granting two variances to the 15 -foot setback and 300 - foot frontage requirements of Section 110 -36, entitled "Ground Signs," of the City Code for an existing ground sign located at 2700 PGA Boulevard. (Continued from June 15, 20000 City Council meeting) IX. RESOLUTIONS: a. Resolution 50, 2000 — Parcel 27.10B Regional Center -Grand Bank Center. Consideration of approving a Master Site Plan of Development for an office development with a total of 46,000 square feet and consisting of a bank, medical and professional office and for nine waivers and one amendment to allow the use of specialty pavers, reduction in size of two loading spaces, ATM lane instead of pass -by lane, increase of height limitation to 70.25 feet, two additional building identification signs on north elevations for both buildings, two tenant signs for each building, reduction in the side setback requirement for building one, an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site, which is within the Regional Center DRI and PCD along PGA Boulevard. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 20, 2000 — Golf Estates Villas Rear Setback Waiver. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for the approval of an application from TDM Inc. for an amendment of a previously approved Planned Unit Development by approving the addition of screen enclosures to the rear patios at Golf Estate Villas Planned Unit Development, located on the west side of Military Trail approximately 500 feet north of Holly Drive, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on first reading) b. Ordinance 21, 2000 — Hibiscus Restaurant Outdoor Seating. Consideration of an Ordinan ce of the City Council of the City of Palm isBeach Gardens, Florida, providing for an amendment to the existing Planned Unit Development known as "Hibiscus Restaurant" (formerly Bridge Center PUD) located at the Northwest Corner of PGA Boulevard and Ellison Wilson Road, as originally approved by Ordinance 11, 1995, to allow outdoor seating and service adjacent to the waterway; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. (Consideration on first reading) C. Ordinance 23, 2000. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Article III of the Palm Beach Gardens Code, Entitled " Police Officers' Retirement Trust Fund;" amending the optional forms of benefits; adding a new section providing for penalties for making a false or misleading statement in order to obtain benefits; providing for severability; providing for codification; providing for conflict; and providing for an effective date. (Consideration on first reading) d. Ordinance 24, 2000. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code, entitled "Taxation;" adding a new Article IV entitled "Public Service Tax;" adding a new division 1 entitled "Utility . Tax" and Division 2 entitled "Telecommunication Service Tax;" adding Sections 66 -150 through 66 -175; levying a 10% Public Service Tax on purchases of electricity, gas and water; requiring monthly payment; providing for collection; providing for exemptions; levying a 7% Public Service Tax on purchases of Telecommunications Services within the City which originate and terminate in the State of Florida; requiring monthly payment; providing for collection; providing for exemptions; providing for severability; providing for codification; providing for conflict; and providing for an effective date; and for other purposes. (Consideration on first reading) XI. ITEMS FOR COUNCIL ACTION: a. PGA Flyover b. Consideration of appointing an Interim Special Master C. Consideration of City Manager's Contractual Mid -Year Salary Adjustment. XII. ITEMS FOR DISCUSSION: XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT 0 XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the Human Resources Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4200 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: June 22, 2000 FROM: Nabar Enrique Martinez, Ci ty Manage /# SUBJECT: Information Items for Regular City Council Meeting of June 29, 2000 City Council Agenda: VII. CONSENT AGENDA: b. Award Bid for Riverside Community Center Roof. The roof at the Riverside Community Center leaks despite numerous repairs and it was determined that the roof was no longer able to sustain repairs. This is a request to award the bid to install a new roof for the Riverside Community Center. RECOMMENDATION: Staff recommends awarding the bid for purchase and installation of a new roof for the Riverside Community Center to Southern Coast Enterprises, Inc. in the amount of $61,737.00. c. Award Bid for Exterior Sign Program for Municipal Complex. The City advertised for and received proposals for supply and installation of ground and wall signs for the Municipal Complex. This is a request to award the contract. RECOMMENDATION: Staff recommends awarding the contract to Atlas Signs of Lake Worth, Inc. in the amount of $20,122.00 for the sign program. d. Award Bid for Police Vehicle Painting. The Police Department suggested a new design for painting the police vehicles to establish greater visibility in the community. Currently, one -third of their vehicles has been painted with the new design. This request is to paint 22 additional police vehicles to maintain uniformity. RECOMMENDATION: Staff recommends approval of the bid by Precision Auto Painting and Collision, Inc. for the re- painting of 22 police vehicles in the amount of $18,700.00. VIII. PUBLIC HEARINGS: a. Ordinance 15, 2000 — PUD Amendment - Cafe Chardonnay Outdoor 0 Seating and Service. (Consideration on Second Reading) This is a request from Cafe Chardonnay for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside without adding any new seats. RECOMMENDATION: Staff recommends approval of Ordinance 15, 2000 with conditions. b. Ordinance 16, 2000 - PUD Amendment - Paddy Mac's Outdoor Seating and Service. (Consideration on Second Reading) This is a request from Paddy Mac's for outdoor seating to be located directly adjacent to the restaurant at the Gardens Square Shoppes Shopping center. Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside RECOMMENDATION: Staff recommends approval of Ordinance 16, 2000 with conditions. C. Ordinance 18, 2000 - Nativity Lutheran Alzheimer's Adult Day Care Conditional Use. (Consideration on Second Reading) The Alzheimer's Community Care Association of Palm Beach & Martin County, Inc., agent for Nativity Lutheran Church, Inc., is requesting to amend the conditional use approval for Nativity Lutheran Church and School to include an is adult day care program that will operate in an existing building. The adult day care program will include the care of 24 Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as "Fellowship Hall." The site is located at the northwest corner of Holly Drive and Plant Drive. RECOMMENDATION: Staff recommends approval of Ordinance 18, 2000, which contains a condition of approval. d. Ordinance 19, 2000 — Art in Public Places — The Commons Parcel L (Consideration on Second Reading) The Alzheimer's Community Care Association of Palm Beach & Martin County, Inc., agent for Nativity Lutheran Church, Inc., is requesting to amend the conditional use approval for Nativity Lutheran Church and School to include an adult day care program that will operate in an existing building. The adult day care program will include the care of 24 Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as "Fellowship Hall." The site is located at the northwest corner of Holly Drive and Plant Drive. RECOMMENDATION: Staff recommends approval of Ordinance 18, 2000, which contains a condition of approval. e. Resolution 47, 2000 — 2700 PGA Boulevard Sign Variance (Continued from June 15, 20000 City Council meeting) Quentin Partners Co., requests a variance to allow an existing ground sign to remain on site and at its current location at 2700 PGA Boulevard. The sign does not meet minimum setback and frontage requirements. RECOMMENDATION: Staff recommends denial of Resolution 47, 2000 based on findings of fact. IX. RESOLUTIONS: a. Resolution 50, 2000 Parcel 27.10B Regional Center -Grand Bank Center. This is a request by Urban Design Studio, agent, for site plan approval of an office development of 46,000 gross square feet of floor area, which consists of a 4,000 -sq. ft. bank, a 10,800 -sq. ft. medical office, and general office use of 31,200 sq. ft. RECOMMENDATION: Staff recommends approval of Resolution 50, 2000 with 8 waivers, an amendment to Resolution 64, 1998 to relocate a ground sign and conditions. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 20, 2000 — Golf Estates Villas Rear Setback Waiver. (Consideration on first reading) This is a request by Joseph Porten, owner, for waiver to rear setback requirements for the purpose of adding screen enclosures to the existing rear patios at Golf Estate Villas PUD. The request includes the right to add screen enclosures to any of the 13 units located on the west side of Military Trail north of Holly Drive. RECOMMENDATION: Staff recommends approval of Ordinance 20, 2000 with one condition on first reading. b. Ordinance 21, 2000 — Hibiscus Restaurant Outdoor Seating. (Consideration on first reading) This is a request by Attorney Lawrence W. Smith, agent for PGA - Summer Associates, requesting an amendment to the development order to allow outdoor seating with service for the Hibiscus Restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road. The original development order contained a condition forbidding outdoor seating RECOMMENDATION: Staff recommends approval of Ordinance 21, 2000 with conditions on first reading. C. Ordinance 23, 2000 - Police Officers' Retirement Trust Fund Amendment. (Consideration on first reading) 40 This is a request to amend the Police Pension Retirement Plan to comply with State Statutes. • RECOMMENDATION: Staff recommends approval of Ordinance 23, 2000 on first reading. d. Ordinance 24, 2000 — Public Service (Utility) Tax. (Consideration on first reading) This is a request to approve implementation of a utility tax for electricity, gas, water and telephone. The City's proposed FY 2001 Budget anticipates funds from this tax. RECOMMENDATION: Staff recommends approval of Ordinance 24, 2000 on first reading. XI. ITEMS FOR COUNCIL ACTION: a. PGA Flyover This is a request for approval of certain improvements for the PGA Boulevard Flyover Project. The FDOT has asked that the City provide funds in the amount of approximately $2.248 million no later than October 31, 2000. They would like a decision by the end of June on some items and the end of August on others. RECOMMENDATION: Staff recommends moving forward with the PGA Flyover enhancements. b. Interim Special Master This is a request for appointment of an Interim Special Master to resolve Code Enforcement issues. RECOMMENDATION: Staff recommends appointing Kevin Wagner to serve as Interim Special Master. C. City Manager's contractual mid year salary adjustment. RECOMMENDATION: Staff recommends consideration of City Manager's mid -year performance evaluation. • Liosn etk Kh PUBLIC INF MA RON REPORT Ju 0 Public Information Related Activities ► Some of the written coverage included (over 50 articles from June 1 to June 20, 2000): ■ Monthly PGA C.A.N. Article ■ GardensArt exhibition and reception (Palm Beach Post) ■ City Manager and Assistant to City Manager at Lions Club luncheon (Jupiter Courier) ■ Gardens to review plans for private golf course (Jupiter Courier) ■ Gardens to consider impact fee for Burns (Jupiter Courier) ■ Frenchmen's donates van to Gardens (Jupiter Courier) ■ Gate within gate gets OK from Gardens council (Palm Beach Post) ■ Impact fee wanted to pay for improvements to Burns Road (Jupiter Courier) ■ Budget process readied in PBG (Jupiter Courier) ■ Palm Beach Post letter to the editor on BallenIsles gate ■ Catalfumo selling Legacy Place project(Palm Beach Post) ■ Borders to anchor new Gardens project (Palm Beach Post) ■ Links approved at Golf Digest development (Jupiter Courier) ■ Fund source sought for flyover amenities (Jupiter Courier) ■ Council backs special assessments for flyover frills (Jupiter Courier) ■ Highway study shows Gardens a way out of jams (Palm Beach Post) ■ Police academies — citizen -style (Palm Beach Post) ■ Picture of Palm Beach Gardens Citizen Police Academy (Palm Beach Post) ■ PBG wants to increase park site lease 25 years (Jupiter Courier) ■ CERT team graduation in PBG (Jupiter Courier) ■ PBG Council to mull special master (Jupiter Courier) ■ Alzheimer's care center to open (Neighborhood Post) ■ Protest puts RR crossing plans `on hold'(Jupiter Courier) ■ PBG to plan for new park (Jupiter Courier) ■ WCCbreaks into list of `Hot Growth Companies' (Palm Beach Post) ■ Special master to replace PBG Code Enforcement Board (Jupiter Courier) ■ Gardens taxes could rise 11 percent (Jupiter Courier) ■ Jupiter Courier letter to the editor Gardens responding to drainage problems ■ Rules for outdoor dining get initial OK (Jupiter Courier) ■ The City Council voted 3 -0 to disband the City's code enforcement board (Palm Beach Post) ■ $12 million payment ends stalemate on PGA flyover (Palm Beach Post) ■ Gardens Council concerned about the rapid growth in Palm Beach Gardens (Weekday) ■ Gardens code enforcement board replaced by lone special master (Palm Beach Post) ■ County OKs tough plan tying homes, new schools (Palm Beach Post) ■ Gardens, County at odds on PGA Blvd. (Palm Beach Post) ■ Gardens may get cultural center (Palm Beach Post) ■ City Manager taking care of business in Gardens (Palm Beach Post) ■ Firefighters douse lightning — sparked blazes (Jupiter Courier) • • • • Planter boxes fixed in PBG (Jupiter Courier) • No one injured in two fires at PBG complex (Jupiter Courier) • Plan devised to prevent flooding (Jupiter Courier) • County plan aims to stop flooding of homes near the Gardens Mall (Palm Beach Post) • Officials say new plan will protect Gardens Residents from future flooding (Weekday) • Palm Beach Gardens beautification projects update (Weekday) • City Manager pushes planning in P.B. Gardens (Neighborhood Post) • Palm Beach Post editorial, "Road to Cooperation" • Gardens officials inspect apartments (Palm Beach Post) • Visitors sign -in (Palm Beach Post) • Adrian Fantauzzi transplant (Jupiter Courier) • Gardens to decide on flyover amenities (Jupiter Courier) • Canal dredging project to continue ► Broadcast Coverage included: • Channel 25 report on Ivan Fantuzzi's son receiving heart and lung transplants • Channel 12 report on Kolter property and Oak Hammock ► Special Event Permits Processed: 5 Notifications ► Sent 360 Public Notices to Plat 4 (Garden Woods) residents regarding the upcoming Banyan Street improvements. ► Published Advertisement congratulating graduating class of 2000 in Weekday. ► Provided new City numbers for White Pages and Yellow Pages. ► Requests for Services processed in June (June 1 to June 20): 83. Citizen Services Related Activities ■ Requests for service (from June 1 to June 20, 2000): 83, with the following breakdown: Departments Outstanding Complete Total Administration 3 8 11 Finance 0 0 0 GM: Code Enforcement 3 0 3 GM: P &Z 2 1 3 Parks & Recreation 0 2 2 Police 3 0 3 Public Works 23 1 24 Originating in Public Works 31 5 36 Totals 1 65 18 83 ■ On site meetings held at the following locations: ♦ Oaks Center ♦ Plat 4 ♦ Westwood Gardens /Westwood Lakes ♦ Tropical Sands Church (Burns Road widening) ■ Held Gardens Neighborhood Association meeting Z • "Buy Into the Gardens" Program: ► Total Purchases for the month of June (up to June 20, 2000): $150 ► Total to date: $19,750 Volunteer Program (From June 1 to June 20, 2000) • Current Volunteers: 17 • Total hours: 473 • Current National Rate: $14.30 • Total savings to the City: $6,763.90 • Number of Volunteers currently referred to Departments for interviews: 3 Employee- Related Communications ► Published monthly employee newsletter, City Hall Gazette ► Held Budget Informational Meetings in each department open to all employees. Special Meetings • City Response Team Meetings RE: Tanglewood • Coordination of Gateway Sign Project • First meeting of the employee Communication Team to begin implementation of the City's Communication and Marketing Plan. • Coordination of recent staff grant applications. S • ITEM V (b) Construction Update This will be a verbal report. 40 It • 0 ITEM V (c) Drainage Update This will be a verbal report. 0 NO CITY OF PALM BEACH GARDENS MEMORANDUM TO: Nabar Enrique Martinez, City Manager DATE: 6/21/00 FROM: Roxanne M. Manning, Growth Management Director. SUBJECT: Update on transportation Study. The following information is a written summary of the Transportation update given at the June 15`h City Council meeting. 1) The Transportation Study was presented to Palm Beach County and submitted to The County's Land Use Advisory Board for review and approval. Both County Planning and Engineering staff recommended approval of the City's request for limited CRALLS designations. 2) During the June 9`h meeting, without benefit of complete presentations from City or County staff, the Land Use Advisory Board voted to recommend that the County Commission not adopt a comprehensive plan amendment to expand the existing CRALLS designation on PGA Boulevard. 3) The City's request is continuing in the review process. The County Commission is scheduled to conduct a "transmittal hearing" for this request on July 12, 2000. After that hearing, the City's petition will be transmitted to the Florida Department of Community Affairs for its review and comment, pursuant to state law. The adoption hearing is anticipated in December 2000, after comments are received from the state. 4) Staff has worked with Palm Beach County staff to identify the number, history, date approved and size of the other CRALLS designations in the County. A map of those designations is attached. 5) Staff is working with Glatting, Jackson and County staff to confirm and refine traffic volumes used in the City's Transportation Study. 6) The Transportation Study has been forwarded to the other local governments in northern Palm Beach County for their review and comment. 7) A Transportation Forum is scheduled for September 22 and 23, 2000. This meeting is to encourage local governments in this area to work together to coordinate transportation planning • Please contact me if any clarification or additional information is needed. rpoo Traffic Concurrency Exception Areas in Palm Beach County Map depicts regions of the County where a lower traffic level of service Ls designated HARTFN COUNTY -1 ' - _ - ------'-i---------- - - - - - - tndlantown Road - __r- earn �" \ 3 (I M I Donald R ss oad Hood ? R c `Err PGA BLVD 6w la VEST ' 3 jn PALM s BEACH TCEA r Okeechobee Blvd 4 a d 9elRedere `t b •f`� m 0 Southern °'Im BHtl r O r �r ti Forest rll A C '. la e.W h'R � •� � Ln - - ` ' •lanfoAc d eon Av — of Rd Ivd Bovnt n o...s, - n Go R'•. 3 I y Y y4:' T : DELRAY \ AtlanOc AV >1 L' I . TM TCEH EA \ �� inton I V '(-W Aabre R I j Y to Rd 4' 31ade & N / • 1 Potrt111lelto `Pak N CO - - - - -- - - ` \� I St rnr.r e. • • �' race Nei _ .. SW 1 ........ BROWARD COUNTY _r €I _LEGEND CRALLS SLOWER LEVEL - RESInENMLCVNCVRRENCY OF SERVICE DESIGNATION OICCPnON ARb. I "" "t Plaatning F�u.�+J•Ownsavn,r,c.r..o"[rrE.a taveR W n.rtrtnnenm"wrin.rprmao"nxci Zoning MUNI.WALIIIES -- _ UCMfOCHO REaAP(rCEAl & Building f'CL'u�t.� =^ � • «••.• Note rwunm orswa wR acsEmnnoxwwrosesaar � "«k",,,, '°"1P n I � 1 ITEM V (e) School Sites This will be a verbal report. • 0 �J CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 1, 2000 The June 1, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. Vice Mayor Eric Jablin was absent from the meeting. REORDER AGENDA: Councilman Sabatello made a motion to place Items and Reports by Mayor and Council after the City Manager Reports. Motion was seconded by Councilwoman Furtado and carried by unanimous 4 -0 vote. PRESENTATIONS: Palm Beach Gardens Woman's Club Presentation of City Seal_ - Arlene Kiselewski presented the needlepoint seal and described its history. Club President Jan Barker gave a history of the club, which was established in 1967 with its members to serve as volunteers to the City, County, and State. CITY MANAGER REPORT: Construction Update - Building Official Jack Hansen provided an update on the progress achieved to date on various remaining construction items, as well as anticipated completion dates, and newly added items. Public Information Report - Public Information Officer Beth Ingold Love reviewed highlights of the strategic plan. September 14, 2000 was proposed for the Advisory Board Volunteer Recognition event, for which a December alternative date was suggested. October 22, 2000 was proposed for the Municipal Complex Grand Opening. Update on Drainage Plan - City Engineer Lennart Lindahl reviewed work to date and the future planning schedule for Northern Palm Beach County Improvement District Units 2 and Unit 19. Completion of planning and conceptual permit modification for Unit 2 was anticipated during November 2000. Conceptual permit modification for Unit 19 was anticipated in July, with construction beginning in September 2000 and completed during January 2001. Review of the drainage plan by an independent review group was recommended. Discussion ensued. The City Engineer explained that these units were not interdependent, and County Commissioner Karen Marcus agreed to obtain verification from County staff. Pete Pimental of Northern Palm Beach County Improvement District assured the City Council that they would work with the County and would provide in writing assurance to the City that Units 2 and 19 were not connected. Mr. Pimental described the new programs to be implemented to improve drainage. Consensus was to direct the City Manager to move forward with plans for an independent review group. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilwoman Furtado - Councilmember Furtado announced an 18 -hour defensive driving course I CITY COUNCIL REGULAR MEETING, 6/1/2000 2 sponsored by th e S afe Council with $50 tuition. Councilmember Furtado discussed the draft traffic Safety C plan presented by staff at a prior meeting, and suggested inviting neighboring municipalities to a Saturday charrette to focus on traffic density, funding road dollars, and keeping the money in the northern section of the County, which would be an extension of the work of the task force. Consensus was to proceed with plans for a charrette. Councilman Sabatello - Councilmember Sabatello discussed the PGA Flyover and expressed concern that the City might fall short on their part of funding for this project. Fine tuning the dollar amounts and deadline dates for making changes were discussed, and Finance Director Olson announced that changes could be made until October 31, 2000. An update on this issue was requested for the next meeting. Councilman Sabatello thanked Commissioner Marcus and Councilwoman Furtado for their work in obtaining traffic lights on Northlake Boulevard and Military Trail. Councilman Clark - Councilman Clark reported cars were still moving from one campus to another at Christ Fellowship Church. Staff volunteered to pass along those concerns to the church project manager. Mayor Russo - The Mayor reported attending a magnet school graduation and stated this was a great program. Scheduling of budget hearings was discussed. A budget hearing was agreed upon for June 26 at 6 p.m., with a second budget hearing on June 28 if needed, and the regular Council meeting to be held June 29. COMMENTS FROM THE PUBLIC: Richard Orman, 4203 Oak Drive - Mr. Orman explained he represented PGA Golf Club Estates North and commended the City on the drainage program, but expressed concern that water from BallenIsles was causing the canals in his neighborhood to rise to a higher level. Mr. Orman requested that money be budgeted for a weir to control the water pumped from BallenIsles for irrigation of their golf course and for maintaining the bridges. Mayor Russo requested a report on this item by the next meeting. Councilmember Clark requested a status report on the rest of the canal work. William C. Myers, 421 Woodview Circle - Mr. Myers reported that turnover of Bent Tree development from MI Homes to the residents was to occur July 11, 2000, and correspondence to the City in regard to drainage problems had had little response. Mr. Myers questioned whether MI Homes had met all of the City's requirements, to which the City Engineer responded that the City still had the bond, and that staff would work with the homeowners. Communication with the City was discussed. CONSENT AGENDA: Councilman Clark moved approval of items A and B on the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the May 4, 2000 Regular City Council Meeting. 2. Award of Bid for purchase and installation of emergency traffic signals at Central Fire Station. Mayor Russo announced that item (c), Award of Bid for Contract for Lobbyist Services, could not be approved on the Consent Agenda since it did not have a positive approval recommendation. Finance Director Olson explained he had spoken to the proposer, who had reduced their bid to is $55,000. Councilman Clark moved to authorize staff to negotiate a contract with Resource Group in an amount not to exceed $55,000 plus expenses. Councilwoman Furtado seconded the motion, U • • • CITY COUNCIL REGULAR MEETING, 6/1/2000 3 which carried by unanimous 4 -0 vote. PUBLIC HEARINGS: Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 1999 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the existing Planned Unit Development known as "City Centre," located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997 to revise the approved Master Plan for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate the right turn only exit onto Ellison Wilson Road; to add 2 drive - through lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to revise the approved Master Phasing Plan; to revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plans; providing for conditions of approval; providing for conflicts; and providing for an effective date - Continued from 5/4/2000, for consideration of Second Reading and Adoption; with continuance to June 15, 2000 recommended. Councilman Clark made a motion to continue the Public Hearing on Ordinance 11, 1999 to the June 15, 2000 City Council meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 4, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C. for rezoning of 64.47 acres of land, located at the northwest comer 9of the intersection of Central Boulevard and Hood Road, known as San Michelle, and more particularly described herein, from Planned Development Area (PDA) to Residential -Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay in order to construct 91 single - family homes; providing for waivers; providing for conditions of approval - for reconsideration on Second Reading and Adoption. Principal Planner Norquest reported staff recommended approval since the applicant had agreed to the City's drainage condition, had agreed to provide site redesign to improve the project by adding two new children's play areas and additional landscaping on corner lots facing two streets, had agreed to change setbacks for certain improvements, and had agreed to a staff condition accepting littoral zones in this project. Henry Skokowski, agent for the applicant, commented on additional materials that had been provided. Members of the City Council thanked the applicant for their efforts. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Mr. Skokowski noted the littoral waiver should be deleted. Councilman Clark made a motion to place Ordinance 4, 2000 on Second Reading by Title Only and approved with deletion of waiver number 7 in Section 3 of the Ordinance. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 4, 2000 on Second Reading by Title Only. CITY COUNCIL REGULAR MEETING, 6/1/2000 4 Ordinance 12, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 12, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 2 of the City's Code of Ordinances entitled "Administration," Article IV entitled "Code Enforcement," by providing for Code Enforcement proceedings to be conducted by a Special Master, repealing Section 2 -186 entitled "Definitions;" amending Section 2 -187 entitled "Declaration of Legislative Intent;" amending Section 2 -187 entitled "Jurisdiction;" repealing Division 2 of Article IV entitled "Code Enforcement Board" and replacing it with a new Division 2 entitled "Special Master;" amending Division 3 of Article IV entitled "Procedure for Enforcement of the Code Enforcement Board;" adding Section 2 -242 entitled "Procedure for Reduction of Fines and Liens;" amending Section 2 -261 entitled "Issuance of Citation;" providing for severability; providing for codification; providing for conflicts; and providing for an effective date - for Consideration on Second Reading and Adoption. Kevin Wagner, Chairman, Code Enforcement Board, reported his experience on the Board, explained how the Board had improved, explained the jury aspect of the Board, and requested the City Council members come to a meeting to see how well the Board worked before abolishing the Board. Councilman Sabatello agreed with how well this Board worked; however, expressed his opinion that the Special Master system was the right decision. Councilman Clark thanked the Board for their work. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to place Ordinance 12, 2000 on Second Reading by Title Only and approved. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 12, 2000 40 on Second Reading by Title Only. RESOLUTIONS: Resolution 40, 2000 - Staff presented Resolution 40, 2000 - Consideration of an amendment to Park lease agreement with Palm Beach County extending lease from 50 to 75 years. Councilman Clark expressed appreciation for the effort made to extend the lease. Mayor Russo thanked Commissioner Marcus for her efforts. Councilman Clark made a motion to approve Resolution 40, 2000. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 15, 2000 - Principal Planner Jim Norquest presented Ordinance 15, 2000 - Consideration of a PUD Amendment - Cafe Chardonnay Outdoor Seating and Service. Councilman Sabatello requested a requirement that the restaurant would be responsible to bring in their tables and chairs in the event of a storm. Applicant Brian Chamis agreed to the requirement. Councilman Clark made a motion to place Resolution 15, 2000 on First Reading by Title Only. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 15, 2000 on First Reading by Title Only. Ordinance 16, 2000 - Principal Planner Jim Norquest presented Ordinance 16, 2000 - Consideration of a PUD Amendment - Paddy Mac's Outdoor Seating and Service. Petitioner agreed to a requirement that the restaurant would be responsible to bring in their tables and chairs in the event of a storm. Councilman Clark made a motion to place Resolution 16, 2000 on First Reading by Title Only. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 16, 2000 on First Reading by Title Only. Ordinance 18, 2000 - Principal Planner Jim Norquest presented Ordinance 18, 2000 - Consideration of Nativity Lutheran Alzheimer's Adult Day Care Conditional Use. Petitioner answered questions 12 CITY COUNCIL REGULAR MEETING, 6/1/2000 5 from the Ci ty Council. Councilman Clark made a motion to place Ordinance 18, 2000 on First Reading by Title Only. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 18, 2000 on First Reading by Title Only. Ordinance 19, 2000 - Principal Planner Steve Cramer presented Ordinance 19, 2000 - Art in Public Places - proposed sculpture for The Commons Parcel I. Petitioner Joel Channing described the art and its ability to withstand wind. Councilman Clark made a motion to place Ordinance 19, 2000 on First Reading by Title Only. Councilman Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 18, 2000 on First Reading by Title Only. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Sabatello, carried 3 -0, the meeting was adjourned at 9:20 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO 0 VICE MAYOR ERIC JABLIN ATTEST: CAROL GOLD CITY CLERK • CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO 115 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared:—June 15, 2000 Meeting Date: June 29, 2000_ Subject/Agenda Item: Installation of new roof for the Riverside Community Center. Recommendation/Motion: Approve purchase and installation of new roof for the Riverside Community Center in the amount of $61,737. Reviewed b - Originating Dept: Costs: $61,737.00_ Council Action: Total City Attorne Parks and Recreation [ ] Approved p Finance K R $ 46,775.00_ [ ] Approved W/ co„droons ` Current FY ACM [ ] Denied Advertised: Human Res Funding Source: [ ] Continued to- Attachments: Other Date May 8, 2000 [ x ] Operating Paper Palm Beach Post [ ] Other 1. Memo from Director of [ ] Not Required Parks and Recreation 2. Copies of Bid Proposal Submitted by: Sue Miller, C�M Sheets Department Director Affected parties [ ] Notified Budget Acct #:: 01- 2080 -519 6350 [ ] None Approved by: City Manager ( ] Not required BACKGROUND: The roof at the Riverside Community Center has been leaking on and off for several years. During that time frame, numerous repairs have been made to the roof. After consultation with Richard L. Campbell, of Richard L. Campbell and Associates, Inc., (Roofing Consultants) it was determined that the roof was no longer able to sustain repairs but instead needed a complete replacement. The replacement of the roof has been included as a portion of this fiscal years capital improvement budget. Mr. Campbell's firm developed the roof bid specifications and will monitor the installation of the roof as part of his agreement with the City. i Lt • • TO: APPROVED: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Nabar Martinez, City Manager DATE: June 19, 2000 Sue Miller, Director, Parks and Recreatioe V t Award of Bid — Riverside Community Center Roof DISCUSSION: Following advertisement, five firms participated in the pre -bid conference in which Mr. Campbell described the project. These firms submitted the following bids: Southern Coast Enterprises, Inc., of Deerfield Beach, FL - $61,737 - Total Roofing Systems, Inc., of Port St. Lucie, FL - $72,200 - National Roofing/South Florida, Inc., of Ft. Lauderdale, FL - $73,822 - L&W Roof Systems, Inc., of Stuart, FL - $87,490 - Advanced Roofing, Inc., of Ft. Lauderdale, FL - $95,825 Mr. Campbell has contacted the low bidder, Southern Coast Enterprises, Inc., and has confirmed that they did meet all of the specifications and is the most responsible responsive bidder. Although the lowest bid exceed the budgeted amount for the project by $14,962, the roof is in such bad shape that the project must be completed. The difference in the amount budgeted and the actual amount of the project will be taken from unencumbered funds in this account. RECOMMENDATION: Staff recommends award of the bid for installation of the new roof for the Riverside Community center to Southern Coast Enterprises, Inc., of Deerfield Beach, Florida in the amount of $61,737 and authority to execute an agreement for same. i:5 PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable ( ) Individual ( ) Partnership ( t) Corporation ( ) Other (Specify) Name of Organization ��- _�- ����'n G)rr-5L F i "� c- )p, i ',,c `_'11 1 n ( I (Or Individual) Address Q rp) N j5� . -ire @ -" City - bee �16�tale l L Telephone Number Crt' • Ll D -lo - 33 1 Tax I.D. # -7 " 7 Business Address S City State Organized Date Zip Code Proposer's Representative I - �yc-J$ L= f/ H • Title C 1-11 UE t= % / in ,,-? Tc /? Proposed Total Fee to Provide Requested Services % Prices set forth above are firm proposals and are not subject to price adjustment except as defined int he General and Technical Specifications. Addenda received: ATTEST: i Signatur�i���� Title C ifit�Y LSr A'7/ir-q Date l Z% .2- J L, 0 (Corporate Seal) PROPOSER: IS Signature ?f -P. S Title Date 7 �6 PROPOSAL FORM Roofing at Riverside Co=uLtnity Center In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership (xx ) Corporation ( ) Other (Specify) Name of Organisation Total Roofing Systems, Inc. (Or Individual) Address 2100 Conant Avenue City Port St. Lucie State FL 34953 Telephone Number 561 - 340 -5539 Tax I. D. # 65- 0206464 Business Address 2100 Conant Avenue State Florida Organized Date May, 1990 Proposer's Representative Title President 11 Richard McKuhen City Port St. Lucie Zip Code 34953 Proposed Total Fee to-Provide Requested Services $ 72,200 0 Seventy Two Thousand Two Hundred Dollar Prices set forth above are firm proposals and are not subject to price adjustment except as defined int he General and Technical Specifications. Note: Asbestos Removal, if required shall be extra. Addenda received: None ATTEST: Robert Brantman . PdJje3mz:9Z2- Signature IV Vice President Title June 13, 2000 Date 0 7 (Corporate Seal) PROPOSER: TOTAL ROOFING SYSTE S, INC. Richard McKuhen Signature President Title June 13, 2000 Date 11 r PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( �() Corporation ( ) Partnership ( ) Other (Specify) Name of Organization A/A bAI.41 1694V 1,590741 Or Individual) Address .u�,2(? city FTZQv ".A,4' State F/ Telephone Number 9sy'6�23- ;2,2 6(p Business Address, l State Organized Date Tax I.D. # city Zip Code 3331 Proposer's Representative Bi kt r. D let CZA -C°�. 'T Title //—P V1 1 P:eAJ M 91 e���2.P Proposed Total Fee to Provide Requested Services $ -7 3. a Prices set forth above are firm proposals and are not subject to price adjustment except as defined int he General and Technical Specifications. / Addenda received: /?/ ,0 /V E— ATTEST: y�`o�vft'l LGTGNG /�CJ iii ��w�iDS� S2'ature Title Date 7 (Corporate Seal) PROPOSER: Signature � v Title Date E • • PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( X ) Corporation ( ) Other (Specify) Name of Organization L & W Roof Systems, Inc. (Or Individual) Address 4430 SE Commerce Ave. City Stuart State FL Telephone Number (561) 220 -5852 Tax I.D. # 65- 0442059 4430 SE Commerce Ave. Stuart Business Address City State Florida Zip Code 34997 Organized Date 1993 Proposefs Representative Title Estimator Robert Bobo, Jr. Proposed Total Fee to Provide Requested Services $ 87, 490.00 Prices set forth above are firm proposals and are not subject to price adjustment except as defined int he General and Technical Specifications. Addenda received: None ATTEST- --F0 C� Date r (Corporate Seal) PROPOSER: y C magna - � Title Date 19 I� - - s• PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( X ) Corporation ( ) Other (Specify) Name of Organization Advanced Roofing, Inc. (Or Individual) Address 4345 NE 12 Terrace City Ft. Lauderdale State FL Telephone Number ( 954) 522 -6868 Tax I.D. # 59- 2360591 Business Address Same City State Zip Code Organized Date 10/8/83 Proposees Representative Daniel Stokes, CSI, CDT Title Vice President Proposed Total Fee to Provide Requested Services $ 95, 825.00 Prices set forth above are firm proposals and are not subject to price adjustment except as defined int he General and Technical Specifications. Addenda received: -0 ATTEST: David D. Pain Signature Secretary /Treasurer Title June 12, 2000 Date (Corporate Seal) PROPOSER: Dani Stokes, CSI, CDT Signature Vice President Title June 12, 2000 Date 7 20 CITY OF PALM BEACH GARDENS CITY COUNCIL Is Agenda Cover Memorandum Date: 06/14/00 Meeting Date: 06/29/00 • • Subject/Agenda Item Award of contract for the purchase and installation of the exterior sign package for the Municipal Complex and grounds. Recommendation /Motion: Staff recommends awarding a contract to Atlas Signs of Lake Worth, Inc. in the amount of $20,122.00 for the sign program as stated on the drawings, specifications and proposal form. Reviewed Originating Dept.: Costs: $ 20,122,00 Council Action: (Total) City Att ney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: May 17, 2000 [ ]Operating Paper: Palm Beach Post [ X ] Other Bond Memorandum [ ] Not Required Proceeds Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #: 23- 0900 - 519.6200 [ J None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum ccagendamemo ZI • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Nabar E. Martinez — City Manager DATE: 06 -14 -00 THRU: Kent Olson — Finance DirectoX6 n FROM: Jack Hanson — Building Of SUBJECT: Exterior Sign Program for t"Munici al Complex Background: The City advertised for proposals on May 17, 2000 to supply and install exterior signs for the new Municipal Complex — both ground and wall signs. The City received a total of four (4) proposals which were opened on June 1, 2000. Discussion: Jack Hanson, Building Official, has reviewed the proposals for accuracy and content and validated the legality of the submissions. The firms and their proposed costs are shown below. Company Proposal Atlas Signs of Lake Worth, Inc. $20,122.00 Baron Signs, Inc. $27,150.00 Absolute Signs & Services, Inc. $22,759.00 Bright Image Signs, Inc. $29,901.50 Recommendation: The lowest qualified proposer is Atlas Signs of Lake Worth, Inc. and I recommend the City award the contract accordingly. JH:eps Extenorsignaward fl 22 is CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 6/29/00 Date Prepared: 6/16/00 Subject/Agenda Item: Police Vehicle Painting Recommendation/Motion: Staff recommends approval of the bid by Precision Auto Painting & Collision Inc., for the re painting of 22 Police vehicles. Reviewed by: Originating Dept.: Police Costs: $ 18,700 Council Action: Total City Attorne [ ] Approved Finance $ 18,700 [ ] Approved w/ conditions Current FY [ ] Denied ACM Advertised: Human Res Funding Source: [ ] Continued to- Date 6/2/00 [ X ] General Fund Attachments: None Other Paper Post -Times [ ] Not Required [ ] Other Submitted by: arhnent Direct ffected parties Budget Acct #:01 -1030- [ ] Notified 521.5250 [ ] None pproved by: City Manager [ ] Not required BACKGROUND: To establish higher visibility, uniformity, and greater police presence in the community, the Police Department has suggested a design for painting the police vehicles that would make our cars more noticeable. By employing this methodology, it is believed that our police units will be more easily seen in traffic and on routine patrol, creating a greater visual impact in our community. The higher profile design is hoped to portray a more positive professional appearance for the Police Department. Currently, one third of our marked vehicle fleet has been painted with the new design and the other vehicles have two different marking designs. We want to have all of our vehicles uniform. DISCUSSION: We are proposing to paint 22 police vehicles, two tone black and white, with the paint brand and quality as designated in our bid specification The workmanship and durability will be guaranteed for a 23 • • period of 48 months against fading, peeling, and cracking (non - prorated) in this specification. All vehicles will be prepared, bodywork as needed, dents and dings and all existing decals will be removed from the vehicles prior to the painting. As a result of our advertising on June 2, 2000, we received three (3) proposals from the following paint and body shops- Precision Auto Painting, Inc., $18,700; Dave's Auto Body, Inc., $23,045 45; Fleet Master, Inc., $33,000. The lowest qualifying proposal was $18,700, from Precision Auto Painting, Inc. RECOMMENDATION: Staff is recommending the approval of the proposal from Precision Auto Painting, Inc in the amount of $18,700, to re -paint 22 police vehicles. ?_T s 0 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 SUBJECT: OUTDOOR SEATING for Cafe Chardonnay Second Reading: Ordinance 15, 2000, a request to add outdoor seating to Cafe Chardonnay at Garden Square Shoppes RECOMMENDATION Staff recommends approval of Ordinance 15, 2000, with conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorne Growth Management Total [ ] Approved Finance NA $ ( ] Approved w/ ACM Current FY conditions Human Res. NA Other NA Advertised Date: 6.14.2000 Funding Source: [ ] Operating [ ] Denied [ ] Continued to: Attachments: Paper: Palm Beach ( ] Other *Ordinance 15, 2000 Post • Location Map • Letter • Letter from Notary * Photograph • 1"=40' Plan • Seating Plan _ G •�~Z d o Submi y;, quired Growth , I Affected parties Budget Acct. #:: Approved by: [ X ] Notified [ ] None City Manager [ ] Not required 2ly • Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 2 REQUEST Cafe Chardonnay is requesting approval for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping Center, (01- 42 -42). BACKGROUND The subject property is within the Garden Square Shoppes, a commercial shopping center located at the north west corner of Military Trail and PGA Boulevard. Originally the site plan was approved with 112,888 square feet of leaseable space with the required parking of 495 spaces. There are 557 existing parking spaces within the shopping center, an excess of 62 spaces. The outdoor seating is currently existing at the restaurant. In November 1999 the Code Enforcement Division verbally cited the owner of the restaurant for not having the appropriate approval allowing outdoor seating. On May 7, 1998, the City Council approved Ordinance 5, 1998 regulating outdoor seating. • Section 118 -311 provides for outdoor seating as an accessory use to a restaurant provided that the following items have been met: • 1. The outdoor seating is adjacent to the doorway of the restaurant. 2. The outdoor seating is located on a property which is either owned or leased by the adjacent restaurant. 3. The outdoor seating can be accommodated without impeding the access of the general public. 4. The outdoor seating can be accommodated without creating a need for additional parking spaces on the same site. Growth Management Staff conducted a field visit on March 13, 2000 and has determined that the applicant has met the additional conditions listed in the Outdoor Seating Ordinance (see table below). Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside without adding any new seats. 26 • • Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 3 FUTURE LAND USE AND ZONING The future land use is commercial and the property is currently zoned PUD -CG1. PROCEDURE This is a request for approval of outdoor seating with service. The request is reviewed as a miscellaneous petition by City Staff, which makes a recommendation to the City Council. The City Council reviews the request, considers staff 's recommendation and makes a final determination of approval, approval with conditions, or denial. A public hearing is required for this petition. PROJECT DETAILS Site_ The existing shopping center is comprised of approximately 12.5 acres, located at the north west corner of Military Trail and PGA Boulevard. Within the shopping center, the restaurant is located on the South West corner of the building in bays 101 and 102. Outdoor seating shall consist of four tables each with four seats equaling 16 seats. q` ai -' •. , .,%^,4;�i7 '. has r, t, „i; a ter: r'„• '. MI,S;C -99 =37 "� Caf,�e Chardonnay. utdo& Seating and �ervjce ;~ 1 Leaseable Square Footage of Center 112,888 S.F. Original Parking Calculations: 1st 50,000sf @5.5 spaces /1,000 sf = 275 spaces Balance @3.5 spaces /1,000 sf = 220 spaces Parking Required: 495 spaces Access Parking Provided: 557 Spaces The Restaurant's direct access is located in the center of Bay 102. 2-7 • • OUTDOOR SEATING DETAILS Code Requirement Outdoor seating shall be an accessory use to Restaurant or other commercial business. Outdoor seating shall be adjacent to, and have direct access to the building in question. Outdoor seating shall be located on property which is owned or leased by the business. Outdoor seating shall not impede access of the general public to the restaurant or to any other business within the shopping center. Outdoor seating shall be arranged so that a pedestrian walkway of not less than six feet is provided adjacent to each table. Outdoor seating in a shopping center shall be arranged so that a straight passage of not less than six feet in width is immediately adjacent to, but not through, the seating area. Outdoor seating shall not be located on any sidewalk or other property adjacent to any other business. Outdoor seating shall not occupy any area designated for parking. Outdoor seating in a shopping center, which is not located within an inner court, shall be physically separated and visually screened. Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 4 Proposed Plan The outdoor seating shall be an accessory use to Cafe Chardonnay. The outdoor seating is adjacent to the restaurant entrance. The outdoor seating area is located directly on the property that is leased by the restaurant. The outdoor seating is located under the covered public walkway. The seating area is designed not to impede access by the public to any portion of the shopping center. The outdoor seating shall be arranged so that a pedestrian walkway of not less than six feet is provided adjacent to each table. All public pedestrian access has been maintained. The outdoor seating at Cafe Chardonnay is located only in front of that property. The proposed seating is within the covered walkway and does not conflict with the parking area. The proposed seating is within the covered walkway; however, the applicant is proposing to provide additional screening with potted plants (see site plan details). If • • • Code Requirement Outdoor seating shall be compatible in color. Any style with the exterior of the building and shall not contain lettering or advertising, except for menu boards and small labels to identify ownership. Outdoor seating shall be stored in a secure manner whenever the restaurant is closed to the public. Outdoor seating which increases the total number of seats available at a restaurant shall be considered an expansion of use, which requires additional parking. CITY COUNCIL Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 5 Proposed Plan All outdoor seating will be compatible with the existing center. The proposed tables and chairs will be a light oak. Table clothes are white and covered chairs are an aqua color. The tables and chairs are consistent with the colors established within the restaurant. The applicant proposes to secure the outdoor tables and chairs in a manner compliant to code. There are no additional parking spaces required since the number of seats has not been increased. The seats were indoors and have been placed outside. On June 1, 2000, the City Council approved Petition MISC -99 -37 on first reading, as stated in recommendations below. Council requested the addition of a condition requiring that the furniture be secured during high winds. RECOMMENDATION Staff recommends approval of Petition MISC -99 -37 based on the code requirements in Section 118 -31, of the City's Code of Ordinances. The conditions and circumstances are met and the addition of outdoor seating is appropriate. Therefore, Staff recommends approval of petition MISC -99 -37 with the following conditions. Conditions 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The outdoor seating shall not exceed the following number: four tables with four 2q ���ry f1 r�-u'Q rs'f(`���'�J�7 �i ✓' : 1. �, � :.. -•- � � '°' :g � .Y,"�x � ltas�.++ t f e' � �°tr^ 1.'';y P °1"--�Vn�"�v c. ..,� 5'^*...»,. -•.' -h ; 4,- s � L .� 1 'Yk+ } ^ x - ,. � '� "t d� ja;sne.y?,r.»�" . i y ,L7'"Q yt .t ' d. [[ll �:✓' -""� - E� ¢��Fp' F i. Lt 4'� �' d 4 ............. 1` m-. °t`.(, �'- f.,z'"�. -:}r' = ��,t�eF y j {� � e ✓-� �u� �` • F l:,,�' '=�P4C,. � � � �� ?t Yep. jR�i� _e� ro 4 .. C z1 1 � 'd'.�g^�t. gg t; �" t S.•"Y 7-"� +s wool t., , ( � �. s ,qr i� y. -'T Y• s TiT "-* *'e' r� m��' F!•,. s.�i� �� t 9 .,•t !x e t .���`C� z ! E * �` t -c � s L yr .' !t - A..: r _ .. ti!$$.tsF �"9't, s! is a �• �^,�r i3'�..'`t�. a i m p }.• 4 t i. �.' ! i t`! a.., .>• '�' f r 1.,F, ,ater 3y.'}>"ab $J f� /�• T. {,t�°i�ir -"°�;{ i� - g ..,Y Cafe Cliai donnay ?{` , L, Y CNN Outdoor Seatinb ✓;tt:� tz t�',. 'ts>! c.. !'4 •y,s! a k � ,�'`,tY �'f�s''k'"+- -4 -.��i �g�d¢� €Sy. .y �� 1, �j�ts, U � ✓'� - t +_ .r • sn+y . �- r a ,..ata r •ri% 'S t -_'2' zty ��l w •°,_ t ii i t✓ ,i ;7 + �I st °: t 1•.9 J .+' U °Yt z. ; r' '� '"i'..L.Ji x }L a�� '4' Z �Fa- ^^•;t � t s �,.•� � ,�- t:-- .cat9g¢. 7 i �..�F � - p�^g'�+ < j'L,..� �� f s ''i" �3'L j...... > ..... ' -ty�,ti ; *, t ! .. •, pl,- -0 q`w a - {c. il� p�.t~•..i•. w �{`z W° � `' §t.t a a� ..•v �`J•.a3 EST ST ,.. r >.'�..y�•'*,.F ;•� w".,°?$r r,�,Y �F �+q'�..w:i:_ _ �� ���o .;,s�""`�.r -- ":�"- s r''.� . $ s �• x'+- "i'at A+".. .i"u "+ca.tYt^' -zx'. J'i'Cw' e ti :-, +a�n.= ��"�*. ..�,,.„*.or �3....,7�-�ti%.zv. ;-sa� �- '.�3'GL�.•�Baulevu dam''" =� ';*�' �r �" h �'�� .+ t � s �,��"'� �"�a� � ^ � .;;e.- .°,r^". .. it r :A `iw'sdr,`� .•.'.. _� t, a ��`x`5 rx ,„r x, - ...�,at. 5�.. �� �.�,s� .. r'. � "%�` s .. ..�. ��+.r �!"°"�,P�'' 'sue �- �"+*�'^+'7'"'�. �- +eA`^".°� t"°%�•'ot,= ..�1.,! � .. ��., ` ✓�4a°"V . ; ✓ , -° �i►,ri'•,'i� III � Ali IL vmL T f �i� ► . G 71 1-7 kit �i►,ri'•,'i� III � Ali IL vmL T f �i� ► . • • 1 ,� 10 •�L �t �+ �vi V •2 Q t� 2 �� 3 ],y v �9 3Z Q �Jll * �yt, November 29, 1999 ShQp Owners Of Garden Shoppes Plaza PGA Blvd Palrri Beach Gardens, FL 33418 To .All Proprietors; Please be adyised.that Cafe Chardonnay is currently requesting an outside dining permit 'from the City _Of Palm Beach Gardens:. ' r nk'Fucalitto = City of P.B. Gardens ~ '- .•. '' �'•�•'• .ti••: arc• . ,::.r.; '. � . .:,' ; "' -: „'. % ~• • , w, .%set � ••``,- 1'- •t•y✓ /••- f�;f'�f }:.� i�.a J'h•�•'� .4I • y'J �r Li ?�.' {; \!f}.a'� �: �. .�•� -�•• �,•�•• rain -�-'• �.•.,� ''1, r. ,,r. ...�,f J�`'Y t a�•.,w r �_ • 1i jj?`�Y`: /... a %•-'. f�' «.t� 'v.. :.C•r • i VAR :�'� • °�;'Yi:'.a : �y;Y�'f5,'� 1,, rid.`? ;halmf a� "K jr7+:1 a?•� •h 1 /��•w��Y/� v ,� [�• +.err •v• •• ..T. K �; �•� �• t/ f L• ,��_'� i' 4j{';���; Y,a•.1(_��wJ�p]�;;N����w~ •� "�q�yV'!_ :f.�'k�.I ' ♦�F�h�1{��Qy�}�yjj� •S, �' V~'" }fir �'L A .+.: •:.�; „..ti' } :.:`••r °. ^�:�Cl rte• .S`j��t�. 'J•y �- �.yy,a <' .�•_T !�,- . -.�_:. i +.'� •i ''��'���'f• 'a,_ I ••'I 1 _ I � f _ .. _ 0 • 0 /P`P November 24, 1999 City of Palm Beach Gardens 70500 N Military Trail Palm Beach Gardens, FL 33410 -4690 To Whom It May Concern: Enclosed please find a copy of the letter that was sent to all of the merchants within five hundred feet of Cafe Chardonnay as stipulated by the law. I am sending you a notorized letter stating that I have witnessed these letters being sent to the following properties. Bears Repeating Mailboxes Etc. Baskin-Robbins' Mother Nature's Pantry Prestige Cleaners Publix Store No 0212 Optical Gallery Jonathan-T's Hair Styling Should you have any questions, please contact Jane Bloomer at 627 -2662. Sin ely, j1J111lllJ ill!! Jl!!!! l !!llJlllllllllJlll!!l!!!!l!!1�• /lGUN L4 ! �r i� Patricia 1« A Ws Notary Public. Stale of Rod& ' P8 *cia Artes Commis& No. oC 6621% Notary Public < as My `�""' ;"'"" Exp. tnro9r�a1, . <14W34KM4AY - M Men SaNioet @^ ^_Co. Frank Eucalitto Owner of C66 Chardonnay 01,1,EY' 4,?-1" r I_ to-el, - LI-2r—, City of P.B. Gardens NOV 29 1999 MaAGE� MIMENT CEPAfnMEW � WAAL.:..._. - -ice .., �: - L �•�t•� - - _•r.f• ��� �F j" 4L +,•" , r�:�'t'(- •� ` ��� - •�.� LIPP jr ii Rr �f �; ; ;tic +; ` _ • '�' -, �� ` •s' .. �: -• '+,�+ s � - i •; � .. .• � ti . k. IN ,K p ZA S c � t N� 1 1 to O N N 107 1 X09 114D \� a A i-Ata VA P� i' i� • June 29, 2000 ORDINANCE 15, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM CAFE CHARDONNAY FOR THE ADDITION OF OUTDOOR SEATING FOR THE RESTAURANT LOCATED WITHIN THE GARDEN SQUARE SHOPPES AT THE NORTHWEST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the Garden Square Shoppes PUD as Ordinance 18,1977 on February 16, 1978; and WHEREAS, the City of Palm Beach Gardens received an application from Cafe Chardonnay for approval of an outdoor seating area (16 seats) located adjacent to the restaurant located within Garden Square Shoppes located at the • northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit °A" attached hereto; and WHEREAS, the 12.5 -acre "Garden Square Shoppes" site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a request to allow an outdoor seating area for Cafe Chardonnay, a restaurant within the Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" is attached hereto and incorporated herein by this reference, to permit the use of outdoor seating directly adjacent to the restaurant. 30 • Ordinance 15, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -37 SECTION 2. Said request is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. (Code Enforcement) 2. The outdoor seating areas shall be in compliance with the city's noise regulations. (Code Enforcement) 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. (Planning) 4. The outdoor seating shall not exceed the following number: four tables with four seats each, totaling 16 seats. (Code Enforcement) 5. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. (Code Enforcement) 6. The petitioner shall secure the outdoor furniture or bring it inside during very windy conditions or when under the threat of a severe storm event, including, but not limited to a hurricane warning. (Code Enforcement) SECTION 3. Approval of the outdoor seating expressly incorporates and is contingent upon all representations made by the applicant at any workshop or public hearing. SECTION 4. Development of the outdoor seating shall be in accordance with the following documents on file with the City's Growth Management Department: Supportinq Documents: 1. Site Plan, location of Cafe Chardonnay, April 19, 2000 2. Photograph of existing typical chairs and tables, dated March, 2000. Official Exhibits: 1. Outdoor Seating Plan; Scale: '/ " =1' -0% dated April 19, 2000 2. Originally approved site plan; Scale: 1 " =40', dated November, 1979 2 3) 7 Ordinance 15, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -37 SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 1St DAY OF June 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. is MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO 0 3 M Ordinance 15, 2000 29 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -37 ATTEST BY: CAROL GOLD, CIVIC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /MISC99- 37.0R2.D0C. • 4 51 • EXHIBIT "A" Ordinance 15, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -9937 Garden Lakes and Garden Square Shoppes TRACT "A" (Less s 8 ft of sr 74 r/W) 5 :7 1+0 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 SUBJECT: OUTDOOR SEATING for Paddy Mac's Restaurant Second Reading: Ordinance 16, 2000, a request to add outdoor seating to Paddy Mac's at Garden Square Shoppes RECOMMENDATION Staff recommends approval of Ordinance 16, 2000, with conditions of approval. Reviewed by:�����. Originating Dept.: Costs: $ Council Action: City Attorne! ll Growth Management Total [ ] Approved Finance NA I $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA _ Advertised: Funding Source: [ ] Continued to: Date: 06.14.2000 [ ] Operating Attachments: Paper: Palm Beach [ ] Other • Ordinance 16, 2000 Post • Location Map • Letter • Letter from Notary • Photographs • 1"=40' Plan • Seating Plan G • 0 Sub y: Not Required Gro I nt Affected parties Budget Acct. #:: Approved by: I [ X ] Notified [ ] None City Manager Al [ ] Not required `f I • Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 2 REQUEST Paddy Mac's is requesting approval for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping Center, (01- 42 -42). BACKGROUND The subject property is within the Garden Square Shoppes, a commercial shopping center located at the north west corner of Military Trail and PGA Boulevard. Originally the site plan was approved with 112,888 square feet of leaseable space with the required parking of 495 spaces. There are 557 existing parking spaces within the shopping center, an excess of 62 spaces. The outdoor seating is currently existing at the restaurant. In November 1999, the Code Enforcement Division verbally cited the owner of the restaurant for not having the appropriate approval allowing outdoor seating. isOn May 7, 1998, the City Council approved Ordinance 5, 1998 regulating outdoor seating. Section 118 -311 provides for outdoor seating as an accessory use to a restaurant provided that the following items have been met: 1. The outdoor seating is adjacent to the doorway of the restaurant. 2. The outdoor seating is located on a property which is either owned or leased by the adjacent restaurant. 3. The outdoor seating can be accommodated without impeding the access of the general public. 4. The outdoor seating can be accommodated without creating a need for additional parking spaces on the same site. Growth Management Staff conducted a field visit on March 13, 2000 and has determined that the applicant has met the additional conditions listed in the Outdoor Seating Ordinance (see table below). Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside. • If Z • • Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 3 FUTURE LAND USE AND ZONING The future land use is commercial and the property is currently zoned PUD -CG1. PROCEDURE This is a request for approval of outdoor seating with service. The request is reviewed as a miscellaneous petition by City Staff, which makes a recommendation to the City Council. The City Council reviews the request, considers staffs recommendation and makes a final determination of approval, approval with conditions, or denial. A public hearing is required for this petition. PROJECT DETAILS Site The existing shopping center is comprised of approximately 12.5 acres located at the North West corner of Military Trail and PGA Boulevard. Within the shopping center, the restaurant is located on the North West corner of the building in bay 127. Outdoor seating for Paddy Mac's consists of the following arrangement: ten tables with four seats each; two tables of six seats each totaling 52 seats. Leaseable Square Footage of Center Original Parking Calculations: I" 50,000sf @5.5 spaces /1,000 sf = 275 spaces Balance @3.5 spaces /1,000 sf = 220 spaces Parking Required: 495 spaces Access ting %`nd Ser'•vice:`�r�,° �- 112,888 S.F. Parking Provided: 557 Spaces The Restaurant's direct access point is along the northern boundary of the building in the center of the Bay 127. • • • OUTDOOR SEATING DETAILS Code Requirement Outdoor seating shall be an accessory use to Restaurant or other commercial business. Outdoor seating shall be adjacent to, and have direct access to the building in question. Outdoor seating shall be located on property which is owned or leased by the business. Outdoor seating shall not impede access of the general public to the restaurant or to any other business within the shopping center. Outdoor seating shall be arranged so that a pedestrian walkway of not less than six feet is provided adjacent to each table. Outdoor seating in a shopping center, shall be arranged so that a straight passage of not less than six feet in width is immediately adjacent to, but not through, the seating area. Outdoor seating shall not be located on any sidewalk or other property adjacent to any other business. Outdoor seating shall not occupy any area designated for parking. Outdoor seating in a shopping center, which is not located within an inner court, shall be physically separated and visually screened. Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 4 Proposed Plan The outdoor seating shall be an accessory use to Paddy Mac's. The outdoor seating is adjacent to the restaurant entrance. The outdoor seating area is located directly adjacent on the property leased by the restaurant. The outdoor seating is located under the covered public walkway. The seating area is designed not to impede access by the public to any portion of the shopping center. The outdoor seating shall be arranged so that a pedestrian walkway of not less than six feet is provided adjacent to each table. All public pedestrian access has been maintained. The outdoor seating at Paddy Mac's is located only in front of that property. The proposed seating is within the covered walkway and does not conflict with the parking area. The proposed seating is within the covered walkway; however, the applicant is proposing to provide additional screening with planter boxes (see site plan details). I'`f • • U Code Requirement Outdoor seating shall be compatible in color, any style with the exterior of the building and shall not contain lettering or advertising, except for menu boards and small labels to identify ownership. Outdoor seating shall be stored in a secure manner whenever the restaurant is closed to the public. Outdoor seating which increases the total number of seats available at a restaurant shall be considered an expansion of use, which requires additional parking. CITY COUNCIL Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Page 5 Proposed Plan All outdoor seating will be compatible with the existing center. The proposed tables and chairs are black . Table clothes are emerald green, chairs are wicker. The tables and chairs are consistent with the colors established within the restaurant. The applicant proposes to the secure the outdoor tables and chairs in a manner compliant to code. There are no additional parking spaces required since the number of seats has not been increased. The seats were indoors and have been placed outside. On June 1, 2000, City Council approved on first reading Petition MISC99 -38, as stated in recommendations below. Council requested the addition of a condition requiring that the furniture be secured during high winds. RECOMMENDATION Staff recommends approval of Petition MISC99 -38 based on the code requirements found in Section 118 -311, of the City's Code of Ordinances. The conditions and circumstances are met and the addition of outdoor seating is appropriate. Therefore, Staff recommends approval of petition MISC -99 -38 with the following conditions. Conditions 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The outdoor seating shall not exceed the following number; ten tables with four seats each, two tables with six seats each totaling 52 seats. If 5 '� Y ,s ✓ti(�• M .:6 > �' �,. -ft� T�Gi �' W-s r '°'f .*•.•i LbT Paddy ,Mac's " y Outdoor Seating 4 p v y` ! yip"`''•. Y'°?"S'14 �. 3s.�� `�T '— *`"„two.,_• -•°"f J� I �' �•� •. .. . i .. �.eC.r: W : _ $ B�4t'. if At ��`� � T'4 .t T fi�.g tis. ✓: r � fu pppp 4 p, J [ i } • , ,1 L.•4�'�i � � 4'.M ffz Cj t� Y� �x c x { �i[! }tF.,` k'''<i' alit ,•ve I-; r{ p'- --}• ! -ju���Ti '�'_+;P{ e♦ -' °- �ifl JZ - }, s. �. i``7 �`�. '�,i iS :� of""'r'�' a �.5. ' <� t} ip '; r3 '°� ,. � �p a! � �j; =` x��•�M1},a+ '�"`a F, /yy ... ..:.!-� � . • /? 1. tPaddy. , �• • " ` 0W7 ` lac 4 .. �.r � : '` : � •_ BTU _ -� _ ' �.. ' 1 � L � _. }• fir• .�: �tyV . • 1 �,• � '•:, • ,; ,? ` r' jh ��.h►: a; w►./ ]Yi �� � .•I `.lam �� �� ..`R•TC:'�,x.�•4� i.a tty,.y�.;�Op 9.:.: TR ti 2.7 f- 41 d �6 25 9 .1 � I � jf � �� s •i - t 'Z4 br SIX 1. !jw �ti11 0 • • r <Q J � ' I p O r 4 ' s �I V Y z a � 13 X V LfI � J J Q � T 7 � Y N < • q� oq- r 1Q io S n Y � s I�a MA .0 V Y z a � 13 X V LfI GARDEN SQUARE SHOPPES, LTD. 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, FL 33418 (561) 627 -2112 Fax: (561) 775 -9121 June 24, 1997 City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, Florida 33410 Dear Sir/Madame: We believe that the residents of Palm Beach Gardens and the surrounding communities enjoy eating outdoors. Some of the best restaurants located in Palm Beach offer outdoor dining is to their patrons. Our climate gives us a tremendous advantage that can be enjoyed by our residents, as well as our guests, who visit us in the winter season. We encourage you, and respectfully request, that outdoor dining be permitted on sidewalk tables at Garden Square Shoppes and other locations within Palm Beach Gardens. I have on frequent occasions enjoyed lunch at Paddy Mac's to find the outside tables filled with customers, and reluctantly sat inside where many seats were available. I am sure that Paddy Mac's patrons want your positive vote for outdoor dining. Sincerely yours, Robert S. Kairalla Manager RSK/cs :5e- - Ql.-3!F( 8 �, o 50 • • 17J PADDY MAC'S RESTAURANT 10971 North Military Trial Palm Beach Gardens, Florida 33418 June 4, 1998 To Whom It May Concern: Please be advised that Paddy Mac's Restaurant has requested approval by the City of Palm Beach Gardens for outdoor seating. Sincerely, Kenneth G. Wade, CEC, AAC Proprietor •,y V Asi PARTMEN? is ORDINANCE 16, 2000 June 29, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PADDY MAC'S FOR THE ADDITION OF OUTDOOR SEATING FOR THE RESTAURANT LOCATED WITHIN THE GARDEN SQUARE SHOPPES AT THE NORTHWEST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the Garden Square Shoppes PUD by Ordinance 18, 1977 on February 16, 1978; and WHEREAS, the City of Palm Beach Gardens received an application from Paddy Mac's requesting approval of an outdoor seating area (52 seats) located adjacent to the restaurant located within Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 12.5 -acre "Garden Square Shoppes" site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a request to allow an outdoor seating area for Paddy Mac's, a restaurant within the Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the 52 • Ordinance 16, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -38 use of outdoor seating directly adjacent to the restaurant. SECTION 2. Said request is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. (Code Enforcement) 2. The outdoor seating areas shall be in compliance with the city's noise regulations. (Code Enforcement). 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. (Planning) 4. The number of tables shall not exceed the following number: 10 tables with four seats each, two tables with six seats each, totaling 52 seats. (Code Enforcement) 5. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. (Code Enforcement) 6. The petitioner shall secure the outdoor furniture or bring it inside during very windy conditions or when under the threat of a severe storm event, including, but not limited to a hurricane warning. (Code Enforcement) SECTION 3. Approval of the outdoor seating expressly incorporates and is Contingent upon all representations made by the applicant at any workshop or public hearing. SECTION 4. Development of the outdoor seating shall be in accordance with the following documents on file with the City's Growth Management Department: Supportinq Documents: 1. Site Plan, location of Paddy Mac's, April 19, 2000 2. Photographs of existing typical chairs and tables, dated March, 2000. 2 51 Ordinance 16, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -38 Official Exhibits: 1. Outdoor Seating Plan by William Rillon Upthegrove Architect and Planner dated June 7, 1998. 2. Originally approved site plan — Scale: I"=40', dated November, 1979 SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 1st DAY OF June 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK 3 5 If COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/M ISC99- 38.OR2. DOC. C� 4 Ordinance 16, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -38 NAY ABSENT 55- • • Ordinance 16, 2000 Meeting Date: June 29, 2000 Date Prepared: June 12, 2000 Petition MISC -99 -38 EXHIBIT "A" Garden Lakes and Garden Square Shoppes Tract "A" (less s8ft ofsr74r /w) 5 56 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 SUBJECT /AGENDA ITEM Second Reading: Ordinance 18, 2000, a request for approval of the conditional use "Adult Day Care" at the Nativity Lutheran Church and School, to permit an Alzheimer's day care facility for 24 patients. RECOMMENDATION Staff recommends approval of Ordinance 18, 2000, which contains a condition of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA n $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. NA Funding Source: [ ] Continued to: Advertised: Other NA Date: June 14, 2000 [ ] Operating Attachments: • Ordinance 18, 2000 Paper: Palm Beach [ ]Other • Alzheimer's Post Community Care Association letter dated October 15, 1999 • site plan Q rNot Required Sub`'tted, y Grov�lh Man' e t Affected parties Budget Acct. #:: Dir [X] Notified [ ] None Approved by: City Manager [ ] Not required 51 • City Council Petition CU -99 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 REQUEST The Alzheimers Community Care Association of Palm Beach & Martin County, Inc., agent for Nativity Lutheran Church, Inc., is requesting to amend the conditional use approval for Nativity Lutheran Church and School to include an adult day care program that will operate in an existing building. The adult day care program will include the care of 24 Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as the "Fellowship Hall ". The site is located at the northwest corner of Holly Drive and Plant Drive. (12- 42S -42E) BACKGROUND The church and school are located on a 5 -acre site, which was first given conditional use approval in May 1962. The site was originally approved for a fellowship hall, offices, classrooms, a sanctuary, and a parish hall. However, the parish hall (2,964 square feet), the sanctuary (5,500 square feet), and some of the classroom (2,142 square feet) and office space (648 square feet) were never constructed. Currently on the site, there is a 3,069 square -foot church building, a 2,585 square -foot private elementary school (72 students), and a 2,000 square -foot center for autistic children (The Renaissance Learning Center). These uses are contained in three separate buildings. Resolution 140, 1999 approved the site plan and Ordinance 46, 1999 approved the conditional uses for the expansion of the church and school. The current approved master site plan calls for 4 phases, and includes a multi - purpose building (8,250 square feet), a future sanctuary (9,000 square feet with 450 seats), and the expanded educational and administrative facilities (18,645 square feet). LAND USE & ZONING The subject site is zoned as Residential - Medium Density (RM) with a conditional use overlay for a church and school, and has a future land use designation of Residential — Medium Density (RM). See Table 1 for a complete listing of adjacent uses, land use designations, and zoning districts. See Table 2 for the proposed project's consistency with the City's Codes. CONCURRENCY The proposed project was reviewed for traffic concurrency only, and on February 16, 2000, it received concurrency certification. 2 .. �J • • City Council Petition CU -09 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 �: t�`!' --.�� ?✓sa} ,^ .ii. � N :'-.Ci �'irwa 11 „f'i � ^'l...r .i EXISTt' C`�O`Nl�1GrAN'D irND SE ESIGN , _TIO,NS o-'; SITE- ANALYS S EXISTING USE:.. ZONING ;,''' °' L'AN'D:USE Subject Property Residential — Med. Density Residential - Medium Church /School (RM) (RM) North Public /Institutional Recreation — Open Space Park (P /1) (ROS) South Residential — Low Density Residential — Low Single Family Residences 3 (RL) (Plat 6) (RL -3) East Residential — Med. Density Residential — Medium Plant Drive Duplexes (RM) (RM) West Public /Institutional Public Palm Beach Gardens (P /1) (P) High School 3 51 City Council Petition CU-99 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 Consistent Code Requirement Proposed Plan (at buitdout) Yes (conditionally) RM Church, School, & Adult Residential Medium Day Care Density Yes Building Lot Coverage: 14.73 Percent Maximum of 35 Percent Yes Minimum Parking: 113 150 spaces (1 parking space per 4 seats) Yes Maximum Number Of 1 ground sign Ground Signs: 1 Yes Maximum Building Height: < 36 feet 36 feet Yes Minimum Front Setback: 30 feet 30 feet Yes Minimum Side Setback: 10 feet 10 feet Minimum Side Facing 27 feet Yes Street Setback: 20 feet Yes Minimum Rear Setback: 96 feet 20 feet Yes Minimum Amount of Open 49.26 Percent Space: 15 Percent 4 bo City Council Petition CU -99 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 PROCEDURE This is a request to amend the conditional use approval; therefore, it is considered a major review. The use of adult day care for 24 patients is subordinate to the principal conditional use of church /school. The conditional use amendment request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. The Planning and Zoning Commission reviews the request, and acting in an advisory role, makes recommendations regarding the proposed request to the City Council. The City Council reviews the request for consideration of approval, approval with conditions, or denial. PROJECT DETAILS The applicant is requesting to amend the conditional use approval for the site to include the use of "adult day care ". An attached letter dated October 15, 1999 from the Alzheimer's Community Care Association describes the operational aspects of this use. Care for Alzheimer's patients is provided for in Chapter 400(5) of the Florida State Statutes, and the Alzheimer's Community Care Association (a non - for - profit organization) is licensed by the Agency for Health Care Administration. 0 Approval of this amendment to the conditional use approval will enable the site to have an Alzheimer's day care program providing service to 24 patients on a daily basis. The program will be conducted by approximately 8 staff members in 1,125 square feet of an existing building, formerly known as the "Fellowship Hall" (see attached site plan for location). The patients will be brought to the site via a minivan service; drop -offs will begin at 7:00 A.M. and pick -ups will end at 5:00 P.M. A catering service will provide lunch for the patients. No signage or exterior modifications to the building are being proposed (except for minor alterations to make the building handicap accessible). • STAFF COMMENTS Alzheimer's disease is a growing concern to the large elderly population in our area; there is definitely a need for this type of service in our community. The Planning and Zoning Division reviewed the compatibility of the proposed use with the site location. Because the site is already approved for a church and a school, and the proposed adult day care facility will only serve 24 patients, Staff supports the applicant's request to amend the conditional use approval to include the use of "Adult Day Care ". 5 (o � • City Council Petition CU -99 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition at their March 28, 2000 meeting. The Commission had the following questions: -Would there be overnight accommodations for the patients? -Does the not - for - profit group operating the Alzheimer's day care facility have some type of insurance? -Are outdoor facilities required? -How will this use fit into the recently approved master plan, how will the operations on the site be adjusted to accommodate this use (e.g.: where will the existing classes go)? The applicant responded that there would be no overnight accommodations for the patients, the not - for -profit group operating the facility is fully insured for this type of operation, and no outdoor facilities are required; however, the patients would be able to use any of the outdoor recreational facilities that exist on the site (under close supervision). The applicant also stated that the adult day care facility would occupy an unused section of the classroom area; as future phases of the approved master plan are completed, the adult day care facility will remain in the same section of the unused classroom area. The Commission unanimously voted to hold a public hearing for this petition at their April 25, 2000 meeting. The Planning and Zoning Commission held a public hearing for this petition at their April 25, 2000 meeting. One nearby resident voiced his disapproval for this petition; however, the Commission unanimously voted to recommend approval of this petition to City Council. CITY COUNCIL On June 1, 2000, City Council approved CU -99 -03 on first reading. Council had no significant questions or concerns regarding this petition. 0 62 • • • City Council Petition CU -99 -03 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 RECOMMENDATION The Planning and Zoning Commission, as well as Staff, recommends approval of petition CU -99 -03 with the following conditions of approval: 1. No more than 24 Alzheimer's patients shall be permitted at the Alzheimer's Day Care Facility on the Nativity Lutheran site. 2. There shall be no overnight accommodations for patients. grohn• cu9903 cc4 ri F W • June 5, 2000 ORDINANCE 18, 2000 AN ORDINANCE OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM NATIVITY LUTHERAN CHURCH, INC. FOR APPROVAL OF THE CONDITIONAL USE OF "ADULT DAY CARE ", THEREBY PERMITING AN Al 7HEIMER'S ADULT DAY CARE FACILITY FOR UP TO 24 PATIENTS AT NATIVITY LUTHERAN CHURCH AND SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Nativity Lutheran Church and School for approval of an Alzheimer's adult day care facility for up to 24 patients at Nativity Lutheran Church and School, located at the northwest corner of Holly Drive and Plant Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 5 -acre "Nativity Lutheran" site is currently zoned Residential — Medium Density (RM); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council approved Ordinance 46, 1999, allowing for the expansion of Nativity Lutheran's Church and School; and WHEREAS, the Growth Management Department has recommended approval of said conditional use; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved subject to the conditions stated herein. (0 1 Ordinance 18, 2000 29 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 Petition CU -99 -03 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the conditional use for an Alzheimer's adult day care facility for up to 24 patients at Nativity Lutheran Church and School, located at the northwest corner of Holly Drive and Plant Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: No more than 24 Alzheimer's patients shall be permitted at the Alzheimer's Day Care Facility on the Nativity Lutheran site. 0 2. There shall be no overnight accommodations for patients. �J SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 1St DAY OF JUNE 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. P7 (S grohn: cu9903.or4 • 10 Ordinance 19, 2000 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 Petition CU -99 -03 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO • ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO grohn: cu9903.or4 • 10 • Ordinance 18, 2000 Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 Petition CU -99 -03 EXHIBIT "A" A five acre parcel of land lying in the southeast one - quarter of Section 12, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, more particularly described as follows: Being the North 467.22 feet of the South 507.22 feet of the West 467.22 feet of the East 817.22 feet of the Southeast one - quarter of said Section 12, containing 5.0 acres, more or less. 11 0 `LZHE[MEV S --, "` I N,,rthpoint Parkway it)1•B t Palm Beach FL 33407 (,83 -2701) '5611 683-700 ee Srtcs Stuart Pahokee West Palm Beach Greenacres Lake Worth Delray Beach Boca Raton _ft Depots i\lorth Palm Beach Boca Raton Gf• ion Jones n B McCracken Esq . :.,r,• Tred,1 es Fragakts Gregory ald B Church v C Kelter i Kroll Mark Shallowav Esq :n S Warner Trey Wolf nald Van Corp .i•r,� Gaun.iAIt'). s C Kenneth Bauer nald K Ba\tei Deceased) J. -•;. ;n �l liana. 4M7 October 15, 1999 Roxanne Manning, Growth Management Director Planning and Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: Nativity Lutheran Church & Preschool 4075 Holly Drive Palm Beach Gardens, Florida 33410 Dear Ms. Manning: -I- Please accept this application on behalf of the owners of the above captioned project, requesting a conditional use to utilize a portion of the fellowship hall for operating specialized Alzheimer's day care program on the premises at Nativity Lutheran Church & Preschool located at 4075 Holly Drive, Palm Beach Gardens, FL 33410. The actual area involved is within an existing building, previously known as the "Fellowship Hall". The area to be occupied by the specialized Alzheimer's day care program is 1,125 -sq. ft. and will accommodate 24 patients on a daily base. Individuals suffering from Alzheimer's disease or related disorders require constant cognitive and physical stimulation in order to help retain their remaining memory functions and stabilize their lifestyle as the disease progresses. At the specialized Alzheimer's day care program, small group activities concentrating on the special needs, interests, and abilities of each participant are the focus of treatment. These specially designed programs encourage participants to communicate and socialize with others in similar circumstance in order to reduce the fear, frustration, and isolation that is associated with memory loss. The goal of the program is to provide structural, therapeutic activities that are stimulating in order to achieve optimal level of functioning, and ultimately, to prevent premature institutionalization. By providing the economical and needed respite for caregivers, their stamina of health and well being is maintained at a positive level. , 6�� l - Highly trained staff on Alzheimer's disease and related coordinates care plans, daily activities and special olitil program employees a full time nurse to administer any prescr Al -r- -- --•- r'- - "Whe•re There's Help, There 's Hope -- --- A -- -r n-r . r1 - - -t- LI- t- Pg Garden, DCT 18 1999 GROWTH MAHAGEMEN1 �$ WARTMENT LZHEIMEV S I rthpoint Parkway j tut -B Palm Beach FL 3340 � 561 --000 6t33•� -!�!� re Sites Stuart Pahokee West Palm Beach Greenacres Lake Worth Delra% Beach Boca Raton k Debots Forth Palm Beach 1 Boca R: or I %k:) OE �GR` i ; :fill ton tones i B McCracken Esq I r.,-)• Ttea4 . es Fragak,s Gregory aid B Church •v C Kelter I Kroll klark Shallox. a% Esq n S Warnc: trey Wolt laid Van Go, p C Kenneth Bauer nald K Baiter Deceased) I 0 1 io -2- medications in addition to providing regular medical screenings that emphasize prevention and continuity of care. Other staff members include a program manager, program assistants, senior companions and trained volunteers. ACCA's goal is to provide a 1:3 staff to patient ratio with the use of staff, senior companions and volunteers. All staff members and volunteers are screened and receive extensive training. Each participant receives a quarterly physical therapy screening by a licensed physical therapist. If a course of therapy is needed, care is coordinated with the patient's physician. We trust that the information contained herein will be satisfactory for your purposes and will allow us to meet with the DRC at its meeting of and the Planning and Zoning Board as soon as possible. ACCA's staff and our consultants are available to answer any questions that you might have and are prepared to meet with you and your staff at your convenience. We look forward to working with you towards the completion of this project. Sincerely, Mary M. Barnes Executive Director " V Vbere There "s Help, There's Hope " Alzheimer's Community Care Association of Palm Bearh & Martin Counties. Inc N1 0 • A� 1 ^r V,1}JadOTJd '7G�Hx.�f Z�nnl�lvd �� I �1 m ,o -i .°yr a +� �U a N to W W � P"', aD z� Z N • Z W J � • � 2 - G p 1 � J Z N U • ' � y� Z K O O H u U � DC S N d' O J J C o v u x� 2 � a �� Z f =A A° o s a Z a<< t�- M o WW tull 01 N � Y Y5I�d � •off _ 11 X M" Na WAW4 BY, Z < p !C lu A St a ,B D u - a' J ' N o LL a! i f ' r W n m ,o -i .°yr a +� �U a N to W W � P"', aD z� Z N • Z W J � • � 2 - G p 1 � J Z N U • ' � y� Z K O O H u U � DC S N d' O J J C o v u x� 2 � a �� Z f =A A° o s a Z a<< t�- M o WW tull 01 N � Y Y5I�d � •off _ 11 X M" Na WAW4 BY, Z < p !C lu A St a ,B • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 8, 2000 Meeting Date: June 29, 2000 Subject/Agenda Item: 2nd Reading: Ordinance 19, 2000: (MISC- 00 -07): The Commons Parcel I Art in Public Places, a request by Joel Channing, president of Channing Corporation for the approval of the proposed art in public places for the Commons I located on the south side of PGA Boulevard immediately east of its intersection with the Avenue of the PGA. (11- 42S -42E) Recommendation/Motion: Qtaff rPrnmmPn.ic that the City C'rnmcil nnnrnve Ordinance 19. 2000. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney Growth Management [ ]Approved Finance NIA $ 0 [ J Approved w/ Current FY conditions ACM ( 1 Denied Advertised: Other N/A Funding Source: [ J Continued to: Date: [ ] Operating Attachments: Ordinance 19, 2000 Paper: [ ] Other N/A 3/13/00 Art in Public Places Program 3/21/00 Concept Statement [ x J Not Required Location Plan Submitted by: Growth Manage ent Di . Affected parties [ J Notified Budget Acct. #: I 1 None Approved by: City Manager [ x J Not required BACKGROUND: The Commons I is located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA and is bound on the north by vacant land, to the south by Tamberlane residential development, to the east by Woodland Lakes residential development, and to the west by Longwood residential development. 11 • Mayor and City Council Petition MISC -00 -07 June 8, 2000 The Commons Parcel I was approved on February 11, 1999 by Ordinance 7, 1999 for the construction of 31 townhomes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant and 2,260 of outdoor restaurant. On November 1, 1999, an administrative approval was granted to this project for a 1,802 square feet conversion of garages to retail space. DISCUSSION Joel Channing, owner, is requesting approval of the art in public places proposed for The Commons I Proiect. The site is located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1% of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. The petitioner is proposing three freestanding flag or sail structures, which freely rotate by wind currents. The colors chosen for the sculptures are tropical. The sculptures are called " Amber's Moods for Wind and Water " and will be located in the plaza area for the Commons I. (see attached). The sculptures were created by Mark Fuller. The construction cost for the commercial portion of the project is $2,459,185. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $24,592 (1% of the total budgets) for art for the project. The applicant has indicated that the cost of the proposed sculpture would be $45,066 (see attached). A. Land Use and Zoning The current land use designation for the subject site is Mixed Use (MXD) on the northern portion and Residential High (RH) on the southern portion of the site with a Planned Unit Development (PUD) zoning. 2 1 z Mayor and City Council Petition MISC -00 -07 June 8, 2000 B. Procedure This request has been classified as a Miscellaneous petition since the development review processes outlined in Section 118 are not applicable. The City Council has the authority to approve the request, approve with conditions, or deny the request. D. Art Advisory Committee At its April 24, 2000 meeting, the Art Advisory reviewed the proposed art for The Commons I and recommended approval with one condition: Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. E. City Council First Reading On June 1, 2000, the City Council reviewed this project and passed it on first reading, by a vote is of 4 -0 with no additional conditions. • RECOMMENDATION: Staff recommends approval of MISC -00 -07 with one condition: Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. 3 15 ORDINANCE 19, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR THE COMMONS I PROJECT LOCATED ON SOUTH SIDE OF PGA BOULEVARD IMMEDIATELY EAST OF ITS INTERSECTION WITH AVENUE OF THE PGA, AS ORIGINALLY APPROVED BY ORDINANCE 7, 1999; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance7, 1999, approving a Planned Unit Development known as The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA; and WHEREAS, the original approval for the construction of 31 townhomes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant and 2,260 square feet of outdoor restaurant did not include approval of the art in public places component; and WHEREAS, an application has been submitted by Joel Channing, owner, seeking the approval of the proposed art for the project; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the request for art in public places approval is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves the art in public places for The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. March 2000, Art Package for PGA Commons by MTFULLER Communication Arts. Section 3. Said approval shall comply with the following condition: 0 4 1 • Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 5. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS l't DAY OF JUNE 2000 PLACED ON SECOND READING THIS OF 2000 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF 2000 JOSEPH RUSSO, MAYOR ERIC JABLIN, VICE MAYOR COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO APPROVED AS TO LEGAL FORM AND SUFFIECIENCY. CITY ATTORNEY AYE NAY 5 ABSENT 15- VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCIWOMAN FURTADO COUNCILMAN CLARK • • C 7(,� I 7 n MTFULLER Functional Acts 809 North Dixie Highway Environmental Graphics West Palm Beach Digital imaging Florida 33401 Via Hand To: Mr. Joel Channing Channing Corporation XX PGA Boulevard Palm Beach Gardens, FL 33410 561.630.8630 V 561.630.8631 F Proposal Art In Public Places Program Dear Mr. Channing; l; 5 o[Pu �atdCtis .t t,rU:�tiK MA�7rGEMEPiZ OEPARI•'hE�� 561.659.2933 561.833.7664 mochecQ aol.com waypointsC aol.00m 10 January 2000 The Commons at PGA I am pleased to submit the following proposal to provide design services and fabrication for a single location installation consisting of three (3) free - standing wind sculpture elements based on the maquette Amber Moods For Wind and Water and as outlined below: Scope of Work Provide three (3) units as follows: Support pole assembly of 8" O.D. x 9-0" base support pole, reducing to 5" 0. D. x 10' -0" spindle pole for for an overall height of 19-0 ". Base pole unit to be welded at bottom of assembly to solid steel mounting plate; mount to footer (to be provided by owner) with leveling botts. Wind movement assembly to consist of: -.090 aluminum plate'malnsail' welded to steel tube (diameter sufficient to mate over 5" spindle pole with UHMW bearing rings) and top mounted UHMW pivot plate housing over stainless steel spindle top. - Secure five (5) formed 3"fiberglass tube wave forms with 5" diameter fiberglass spheres to position as required. - Front'wingsall'to be .090" aluminum plate, center seamed, with cut -out profiles as proposed, mounted in position as required on structural aluminum tube supports with concealed mechanical fasteners. Wiingsail'streamers' to be secured at second surface of wingsail with no visible fasteners from first surface. - Pole finial to be .25" aluminum plate sunburst secured to 5" diameter aluminum sphere with applied finish. - All surfaces to be finished with exterior rated material, color as required; as Matthews MAP acrylic polyurethane formulated color, and /or Tiger Drylac industrial powdercoat finish with RAC color formulation, as best determined for type of application and suitability. All design, design modifications, workmanship, labor and materials and taxes on materials for complete fabrication and installation to footer, provided by owner. ! With stainless steel pole assembly $40,066.00 qj 139 n. s Proposal - Page 2 Art In Public Places Program 10 January 2000 The Commons at PGA TERMS Application and obtaining any and all permits as required by any state or local agency shall be the responsibility of the project owner. The artist shall retain all design copyrights as is governed by current copyright laws, including design patents and laws of authorship. Standard credit line to the artist shall be given in promotional materials as produced on behalf of the client when an image or images of the artwork in discussion is a dominant focus of the picture or drawing in which it is displayed. The artist shall be responsible for the work in discussion during all stages of fabrication and production. The project owner assumes all responsibility for damage to the work in discussion upon successful installation or delivery to the owners custody. In addition, the artist will provide engineering drawings certified by a licensed engineer. The artist warrents all materials against inherent vice and warrents suitability of all finishes for exterior application for a period of five (5) years except for damage caused by others, inadequate or improper maintenance, or acts of god. A deposit in the amount of 50% ($20,033.00) shall be due upon approval of the City of Palm Beach Gardens Art In Public Places Board. The artist will provide fabrication detail drawings for the owners review and comment prior to commencement of fabrication. This will include material specifications, including stainless steel finish along with warrenty information regarding paint /finish fading. The artist will consider suitability for all moving parts for the motion and weight to which they are subjected and that noise, such as squeeking or whistling that may or may not occur will be corrected at no charge to the owner in a manner that is reasonably acceptable to the owner. An additional 25% payment shall be due upon substantial completion of production (prior to final assembly) as supported by photographic documentation and / or studio / shop visit by the owner. The remaining balance of 25% shall be payable upon successful installation to the project site. it Installation is not possible at the time of delivery, storage and proper crating for protection of the work will be provided at additional cost to the owner and the total amount due at time of entering into storage will be the remaining 25% payable balance less $1500.00 "" for final delivery, installation, and crane services. This " amount along with all storage related costs shall be payable in full upon final installation. The artist will provide the above work for the total fees as outlined. it is estimated that this work will take 90 - 120 days for completion. This proposal is valid for acceptance a period of 45 Sincer Approved and accepted by, Authorized ent MTFuller - aW - PGA Commons day of 2000 9$ 139 • MTFULLER Concept Statement: Amber's Moods for Wind & Water Art In Public Places Program Amber's Moods for Wind & Water 21 March 2000 The Commons at PGA The kinetic basis and the suggestive visual imagery of this work reflects the fluid charecteristics of the South Florida environment we enjoy. The horizontal undulating forms evoke the common elements of motion and movement associated with our constant breezes and ocean waves. Amber's Moods for Wind & Water is expressed as three (3) free-standing 'flag' or 'sail' structures which freely rotate by wind currents. At moments of specific wind direction, the structures intersect paths where the spheres on the trailing edge of one Tag' or'sail' structure will pass through cut -out openings on the leading edge of another. Although at first glance the structures appear to be the same, they are not. Subtle changes of trailing edge profiles as well as the cut - through forms of the Front W indsails have occurred, making each structure unique unto itself. Changes of wind direction alter the orientation of the grouping to the viewer The selected color schemes for this installation were chosen to evoke the lively spirit of the tropics through a variety of medium to high saturations and strong chromas further enhanced by strong sunlight. The color pallette was developed for these structures as individual, stand -alone elements as well as a multiple assembly of color relationships. This installation is intended to provide a sense of vitality, sophistication, excitement, and unique sense of place to the Commons at PGA project. 71 c1n •.� �'''; .,r is i•" J r is f • l.� ti T� .: f I .T:1 "G J• �i rl z {. 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L� • • ORDINANCE 19, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR THE COMMONS I PROJECT LOCATED ON SOUTH SIDE OF PGA BOULEVARD IMMEDIATELY EAST OF ITS INTERSECTION WITH AVENUE OF THE PGA, AS ORIGINALLY APPROVED BY ORDINANCE 7, 1999; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN .EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance7, 1999, approving a Planned Unit Development known as The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA; and WHEREAS, the original approval for the construction of 31 townhomes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant and 2,260 square feet of outdoor restaurant did not include approval of the art in public places component; and WHEREAS, an application has been submitted by Joel Channing, owner, seeking the approval of the proposed art for the project; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the request for art in public places approval is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves the art in public places for The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. March 2000, Art Package for PGA Commons by MTFULLER Communication Arts. Section 3. Said approval shall comply with the following condition: 4 ff Na Ul Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 5. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 1St DAY OF JUNE 2000 PLACED ON SECOND READING THIS OF 2000 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF 2000 JOSEPH RUSSO, MAYOR ERIC JABLIN, VICE MAYOR COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO APPROVED AS TO LEGAL FORM AND SUFFIECIENCY. CITY ATTORNEY AYE NAY ABSENT 5 �U� VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCIWOMAN FURTADO COUNCILMAN CLARK • City Council Meeting Date: June 29, 2000 • _ Date Prepared: June 11, 2000 Petition VAR -99 -07 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 11, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 47, 2000, a request for a variance from ground sign setback and frontage requirements. The variance request seeks relief from the 300 -foot frontage requirement needed for a ground sign and from the 15 -foot setback requirement. The City Council continued the public hearing to the June 29, 2000, meeting. RECOMMENDATION Staff recnmmends denial of Resolution 47. 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ) Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ) Continued to: Advertised: Attachments: Date: June 1, 2000 [ ] Operating Paper: Palm Beach Post [ ] Other Resolution 47, 2000 • Site plan • Renderings Not [] Not Required • Staff comments y: t(� Growth ana ement ' parties Budget Acct. #:: Dtrector ��- ._ !zo [X] Notified [ ] None Approved by: City Manager [] Not required REQUEST: The petitioner, Quentin Partners Co., requests a variance to allow an existing ground sign to remain on site and at its current location. The site is located at 2700 PGA Boulevard (Blvd.), just east of Palm Beach Community College. The subject sign does not meet the minimum 15 -foot setback and 1 City Council Meeting Date: June 29, 2000 Date Prepared: June 11, 2000 Petition VAR -99-07 300 -foot frontage requirements. The sign has been made non - conforming by the revised sign code, which was adopted on January 17, 1990. The applicant was notified of the non - conforming status of the subject ground sign, as part of the non - conforming sign notification procedures. BACKGROUND: The petitioner received a site plan approval from the Planning and Zoning Commission on January 21, 1983. The approved site plan depicts a ground sign located on PGA Blvd. approximately 34 feet away from the property line to the west. The front setback as reflected on the approved site plan was approximately 4.5 feet away from the front property line. The shape of the approved sign was in a shape of an isosceles triangle, but with two sides only. Currently, the location of the subject sign is approximately 65 feet away from the property line to the west, so it has been moved 31 feet to the east along PGA Blvd. The front setback is approximately two feet away from the front property line, compared to its original front setback, which was approximately 4.5 feet. The current shape of the sign remains as originally approved, which is a concrete wall in the shape of a triangle with two sides facing the street and the open side facing the building. Please see attachment. According to the applicant, the subject sign also serves as a shield wall for a utility box (backflow preventer) located immediately behind the sign. The primary function of the structure is to shield/screen the backflow preventer. Section 98- 72(g)(1) of the City Code requires that a wall of solid materials on three sides with the open side facing the building structure be used to screen the backflow preventer. The applicant has since placed the number of the building on this structure. According to the definition of a sign, as defined in Section 78 -2 of the City Code, this action makes the structure a sign since it identifies information. The general description of this sign is a concrete wall structure with a height of 4.2 and a length of 13.6 feet with one message on it identifying the number of the building. The applicant has claimed a hardship on the basis that removing the sign would create "an undue hardship on the general public, cause a traffic problem, and deprive Quentin Partners Co. and its tenants of rights commonly enjoyed by others..." LAND USE & ZONING: The future land use designation of the site is Commercial (C), while the zoning classification is General Commercial (CG1). Properties adjacent to the subject site are designated Commercial (C) to the east and west, Mobile Home to the north, and Residential High (RH) to the south. PROCEDURE: The Land Development Regulations (LDRs) designate the authority of reviewing and granting sign variances directly to the City Council. As with other variances, a petitioner must demonstrate hardship. Section 110 -72 Variances, states that "The hardship shall not be economics or natural M Pq City Council Meeting Date: June 29, 2000 to Date Prepared: June 11, 2000 Petition VAR -99-07 obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter." VAR-99-07,2700 PGA SIGN VARIANCE REQUEST GROUND SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGN 1S NOT IN COMPLIANCE A. Ground Sign Frontage Requirement: Code Requirements Chapter 110 -36 Ground signs (a) "Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign..." Present Condition Aground sign was approved for the subject site on January 21, 1983 However, the property does not have 300 feet of frontage -The parcel has only 100 feet of frontage Request Applicant requests a variance for 200 feet of frontage to allow the existing ground sign along located along PGA Blvd to remain on site B. Setback Requirement: Code Requirements Chapter 110-36 Ground signs (c) "Ground signs shall be placed no closer than 15 feet from the front property lines " Present Condition The subject sign is approximately two feet away from the front property line Request Applicant requests a variance for 13 feet of setback STAFF COMMENTS: No objections have been received from the following departments and agencies: Building Division, City Engineering, City Legal, and Seacoast Utility Authority. *However, the City Engineer's office does not support the requested variance and has suggested that the petitioner can reconfigure the sign to comply with the 15 -foot setback requirement and still achieve the same existing visibility. The Building Division has raised no objections and supports the requested variance by the applicant. Public Works Department has raised no comments. Please see attached staff comments. As of the date of this report, City Staff has received no public comments regarding this variance request. RECOMMENDATION: Upon review of this petition, staff recommends denial of the request for a variance to allow the existing ground sign to remain on site and at its current location. The recommendation is based on the following: • The applicant has not satisfied the hardship test. The applicant has stated that removing or relocating the sign would result in a hardship on the general public, cause traffic problems, and deprive Quentin Partners Co. and its tenants of rights commonly enjoyed by others. According to the applicant, the general public (motorists headed east on PGA Blvd.) will not be able or may have difficulty seeing a ground sign set back at least 15 feet way from the property's front line due to the foliage on the Palm Beach Community College property. The likelihood that the public will not be able to see the sign because of the foliage places a hardship on the general public, according to the applicant. However, this is not a hardship as defined in the Code. The foliage represents a natural obstruction to the subject sign and Section 110 -72 of the Code states that "the hardship shall not be ... natural obstructions on adjacent lands ..." RON 3 City Council Meeting Date: June 29, 2000 Date Prepared: June 11, 2000 Petition VAR -99 -07 The claim that the existing sign is actually a structure required by Code to screen the backflow preventer is not an accurate reading of the Code because the Code does not require the existing "wall' as a screen for the backflow preventer in this particular case. Section 98- 72(g)(1) requires the wall structure only if the backflow preventer is large. In this case it is (1.5X1.7) feet, whereas the "wall' or sign is 4.2 feet in height and 13.6 feet in length. Due to the small size of the backflow preventer, Section 98- 72(g)(2) permits screen landscaping as opposed to a wall structure. The wall structure was approved as a sign and not as a screen wall. The approved site plan by the Planning and Zoning Commission on January 21, 1983 depicts the same structure as a ground sign labeled as "Entry Sign" and at a different location than the current one. Accordingly, staff recommends denial, but the City Council may consider the following in making its decision with respect to the variance. • Relocating the sign further back, and east of its current location may be difficult because parking spaces are located immediately behind it and across the entire site in the east -west direction. In addition, compliance with the 15 -foot setback may make the sign less visible to motorists headed east on PGA Blvd. due to the foliage on the property to the west of the subject site. • Removing the sign entirely would make it fairly difficult for motorists to identify the buildings on site because the closest building to the public right -of -way is set back approximately 147 feet from the property line on PGA Blvd. This long setback from PGA Blvd. makes the alternative of allowing only a building identification sign on the buildings or removing the ground sign less viable. From a safety standpoint, the existing location of the sign is properly the most suitable. Motorists headed east on PGA Blvd. are able to see the sign and identify the building from a reasonable distance without having to make sudden stops and/or right turns into the driveway of the subject site. G TalaVvar -99 -07 r Cl 1 June 11, 2000 RESOLUTION 47, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING TWO VARIANCES TO THE 15 -FOOT SETBACK AND 300 -FOOT FRONTAGE REQUIREMENTS OF SECTION 110 -36, ENTITLED "GROUND SIGNS," OF THE CITY CODE FOR AN EXISTING GROUND SIGN LOCATED AT 2700 PGA BOULEVARD; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quentin Partners, owner and applicant, have filed a petition for two sign variances from the minimum linear frontage on a public right -of -way and the 15 -foot setback requirements, as set forth in Section 110 -36 of the City Code; and WHEREAS, in accordance with Section 110 -72 of the City Code, the City Council finds that the petitioner has sufficiently demonstrated an undue hardship whereby the petitioner can not reasonably enjoy and utilize the benefits provided in the City sign regulations; and WHEREAS, the City Council further finds that the variances meet the general intent and • purpose of the City sign regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Two variances to the requirements of Section 110 -36, entitled "Ground signs," are hereby granted for one (1) existing ground sign located at 2700 PGA Boulevard in the City of Palm Beach Gardens, as more specifically defined as follows: a. A variance to the requirement of the minimum linear frontage on a public right -of -way needed to allow a ground sign. The subject property has approximately 100 feet of linear frontage on PGA Boulevard. The Code requires a minimum of 300 feet of linear frontage along a public right -of- way for allowing one ground sign at a site. Therefore, the variance granted is for 200 feet of linear frontage along PGA Boulevard. b. A variance to the requirement of the minimum setback for a ground sign from the front property line. The current setback of the subject ground sign is approximately two feet. The Code requires that a ground sign be set back at least 15 feet from the front property line. r� , Z► . Therefore, the variance granted is for 13 feet of setback from the front property line along PGA Blvd. Section 2. All resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2000. ATTEST: BY: CITY CLERK VOTE: MAYOR RUSSO iVICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G:Tala WAR- 99- 07- re -wpd • J JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT E69 &bf INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Telal Benothman FROM: Sean C. Donahue, P.E. 5e-�� CIVIL DATE: February 10, 2000 AGRICULTURAL WATER RESOURCES WATER & WASTEWATER SUBJECT: 2700 PGA Boulevard LBFH File No. 004108 TRANSPORTATION Sign Variance Petition No. VAR-99-07 SURVEYING & MAPPING We have reviewed the variance application for the sign at the referenced GIS project received January 18, 2000. We understand that the existing sign does not conform to the 15 -foot setback requirement. The applicant has several options to reconfigure the sign in order to obtain the same visibility and meet the setback requirements. Therefore, we do not recommend the approval of the sign variance. SCD/ cc: Roxanne Manning P:IPROJECTS\PBGMEM014108\4108a "Partners For Results Value by Design" 00 S W. Corporate Pkwy T N�NG Palm City, FL 34990 �3 (561) 286 -3883 90 Fax (561) 286 -3925 www Ibfh com CITY OF PALM BEACH GARDENS Growth Management Department /Building Division MEMORANDUM Date: January 14, 2000 To: Talal Benothman - SenioyPnner From: Jack Hanson - Building Subject: VAR -99 -07 - 2700 PGA Boulevard I have examined the drawings and documents for the VAR -99 -07 — 2700 PGA Boulevard sign variance. I have also visited the job site. The conditions as described by the petitioner are an accurate depiction of the variance request. Therefore, I support the variance request. In my opinion it is justified. Contact me if your require further information. 91 • _If you have no concerns at this time, please state so below after your name, otherwise a letter of recommendation and conditions will be most,helpful. Application materials are available in the Planning and Zoning Department. Thank you for your ongoing cooperation and assistance. Please contact me if you have any questions. Jack Hanson, Building Official James FitzGerald, Police Chief Edward Arrants, Fire Chief Sue Miller, Director of Parks & Recreation Mark Hendrickson, City Forester Linda Mazziotti, LBF &H Peter Pimentel, NPBCID Rick Boardman, Waste Management Augustin Hernandez, PBC School Board Rim Bishop, Seacoast Utilities James clyielle, City Environmental Consultant �✓ Bob a , Director of Public Works Alice Everard, Development Compliance Officer 1�G P p cc: Greg Dunham ry Jii j Larry Winker r G/Ta(al:DRC VAR -99 -07 Chv Of ps /,!PrB24 EXECUTIVE OFFICE • • Seacoast Utility Authority January 25, 2000 VIA FAX: 775 -1014 Mr. Talal Benothman Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: 2700 PGA Boulevard Sign Variance Dear Mr. Benothman: We have no comments on your transmittal dated January 11, 2000 concerning the referenced project. Please call if you require additional information. Sincerely, S COAST UTILITUTH ORITY Bruce Gregg Director of Operations ad cc: Rim Bishop Jim Lance Scott Serra Matting Address PO Box 109602 Palm Beach Gardens, Flonda 33410 -9602 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone Customer Service (156111627-2920 / Executive C)ffice (561) 627 -2400 / FAX (5611 624 -2839 im � I i 9'4t.. tic, q Lt - - - - - - - - - - - - - MY � I i 9'4t.. tic, q Lt Ul 01 •i 4 � e f a � N � ►1 4 '_' pb N SSSS r a 3 T. ,\ y - QW ri j W � • J \� Q 0 n 11 N wl U U) w g a Z O o J � � Q Z2 U m Q 0 a Z 8 w v -y r = LL `022 O uw - -- 1SV3 WU V`Jd U O IIVW _— J SN3auv; 11 N wl U U) w g a 0 0 C(=D) N Z a ��ttII O cQZa= O O-.OF QW � f Q LL N W OW O tWiW� W d iNOQcwi€ CO K U�N4uw U w6_ ZZ N N Nz (J� OF Z Np W 0 N O W v1 O J N j a g C W U a � O C 0 1 N JI U s I U z O wl w 0 z U) Q 91 195- Z Y O W w J � Z v 4 UW C c / "~ ZJ� = LL X 6 in I w3 I ll 0 0 C(=D) N Z a ��ttII O cQZa= O O-.OF QW � f Q LL N W OW O tWiW� W d iNOQcwi€ CO K U�N4uw U w6_ ZZ N N Nz (J� OF Z Np W 0 N O W v1 O J N j a g C W U a � O C 0 1 N JI U s I U z O wl w 0 z U) Q 91 195- -o 0 M" m u'� •.G.A. 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W° M E • /-? / t,/ // /T-a„ gq,: 10 14 �o m • El City Council of Palm Beach Gardens ` Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition $P -00-04 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 50, 2000, a request for site plan approval for a proposed development located in the Regional Center Development of Regional Impact. The parcel is - approximately 3.2 acres in size and consists of 46,000 square feet of proposed office use located along PGA Boulevard (Blvd). RECOMMENDATION gtnff rannmmendc annrnval of Resnlutinn 50. 2000 with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorn Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM v� 40 Current FY conditions Human Res. NA [ J Denied Other NA Advertised: Funding Source: [ ] Continued to. Attachments: Date: N/A [ ] Operating Paper. N/A ( ] Other • Resolution 50, 2000 . Resolution 64, 1998 • Site and landscape plans • Renderings • Proposed sign package [X] Not Required • Staff comments Submitt d h it M Yag Growth Ma e m c n, Affected parties Budget Acct. #:: Director '�• 1 [] Notified [ ] None Approved by: City Manager [X] Not required ' 1 ' 99 . City Council of Palm Beach Gardens Meeting Date: June 29, 2000 41 Date Prepared: June 10, 2000 Petition SP -00 -04 I. REQUEST: A request by Urban Design Studio, agent, for site plan approval of an office development with a total of 46,000 gross square feet of floor area. The development consists of two office buildings to be developed in two phases. Office buildings one and two consist of 33,545 and 12,455 gross square feet, respectively. The proposed land uses for both buildings are general office, medical, and financial uses. Office building one is to be completed during phase one while office building two will be built during phase two of the development. The total acreage of the site is approximately 3.2 acres and is located within the Regional Center Development of Regional Impact (DRI) along PGA Blvd. (06- 42S -43E) II. BACKGROUND: The proposed development is located within the Regional Center PCD. The property is bounded to the north by Kyoto Gardens Dr., PGA Blvd. to the south, a lake area to the west, and Good Samaritan to the east. The subject parcel was part of a larger parcel that has been subdivided. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order has been previously amended four times. It currently permits the development of 1,440,000 square feet of Retail, 1,210,000 square feet of Office (business), 235,200 square feet of office (Research), 510,000 square feet or 600 rooms of Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most recent Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The NOPC approved the conversion of office research space to 50,000 square feet of commercial use. This conversion was needed for the Catalfumo 27.05/27.06 project. Currently there is one pending NOPC to the Development Order of the Regional Center DRI. The NOPC proposes reconfiguration of the water management tract to maintain the oak preserve on site, designating the oak hammock portion of the site as a preserve, relocating and eliminating internal roadways from the Master Plan of Development, and converting approximately 9.3 acres of Office/Hotel /Community Use to Multi- family /Office /Community Use. This NOPC is associated with the Kolter residential project. III. Procedure: This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. A public hearing is not required. 160 2 • • IV. Land Use and Zoning: The land use designation of the subject site as DRI/PCD. The site's land use designation on Office/Hotel/Community use. City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00 -04 reflected on the City's Future Land Use Map is the Master Plan of Development of the DRI is The zoning classification of the site is a Planned Community District. The following tables illustrate the adjacent uses, land use designations, zoning districts, and site analysis: ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, & SITE ANALYSIS USE ZONING _ LAND USE _EXISTING Subject Property Planned Community District (PCD) DRI/PCD/PO Vacant Lot Coverage- 35% 12.5% North PCD DRI/PCD/PO Vacant Loading space size- 12'x35' 12'x25' for two loading spaces) South Planned Development Area (PDA) Mixed Use Vacant (Legacy Place PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements Complies with PGA overlay requirements West PCD DRI /PCD /PO Vacant/lake area Front: 55' 55' East PCD DRI /PCD /PO Good Samaritan Rear: 27' 139' CONSISTENCY WITH CODE Consistent Code Requirement Proposed Plan Yes PCD- Planned Community District General office/bank/medical office Yes Lot Coverage- 35% 12.5% Yes Parking: 174 spaces 174 spaces No * Loading space size- 12'x35' 12'x25' for two loading spaces) Yes Parking stall dimensions : 10'X18.5' 10'X18.5' Yes PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements Complies with PGA overlay requirements SETBACKS Yes Front: 55' 55' No* Side: 27' 23' (Building one /three story) Yes Rear: 27' 139' No* Building height: 36' 70.25' Yes Open space: 10% 29.7% No* Specialty avers: Not in Code Specialty avers No* Drive-through pass-by lane: Required ATM lane (No) Ground sign: PCD Master Signage Program for DRI: proposed sign is not consistent with si na a program Ground sign at site entrance No* Building I.D. signs: Min. 100' frontage One additional building I.D. sign on north elevations of each building. No* Tenant I.D. signs: Tenant portion of a building must have direct access to exterior of building at ground level Building 2: one tenant sign on north elevation for occupant with no direct access to exterior of building at ground level Building 1: one tenant sign on southwestern elevation for tenant with no frontage on right- of-way * Waiver Requested Q Amendment to Resolution In City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP400 -04 V. Project Details: The applicant is proposing 46,000 gross square feet of office space on approximately 3.2 -acre site located within the Regional Center DRI, along PGA Blvd. The proposed development is projected to be completed in two phases and consists of two proposed office buildings. Office building one consists of 33,545 square feet while office building two consists of 12,455 square feet. The proposed land uses for both buildings are general office (31,200 sq. ft.), medical.(10,800 sq. ft.), and financial (4,000 sq. ft.). Office building one is to be completed during phase one of the development. Office building two is proposed to be constructed in phase two. The setback of the closest building to the roadway fronting on PGA Blvd. is 55 feet, which is in compliance with the special setback requirement established for PGA Blvd. by the PGA Corridor Overlay. The total number of parking spaces proposed by the applicant is 174, which is in compliance with Section 118 -476 of the LDRs. Six of the proposed and required parking spaces will be designated for handicap parking, as required by 118 -477 of the LDRs, based on the proposed square footage. With respect to loading spaces, the applicant is required to provide two spaces for both buildings at the minimum required size, in accordance with Sections 118 -569 and 118 -567, respectively. However, the applicant is proposing three loading spaces, but requesting a waiver to allow the size of two of the three proposed loading spaces to be (12 X 25) feet, instead of the (12 X 35) feet required by Code. The total number of trips projected to be generated by this development is 2,017 daily trips. Please note that this number may be higher than the actual number of trips because trips for internalization and pass -by have not been discounted from this number. Office use is estimated to generate 543, medical use 390, and financial use 1,084 daily trips. The projected trips are based on the rates published in the Trip Generation, 6h Edition, of the Institute of Transportation Engineers (ITE). The applicant is providing specialty pavers at the driveway entrance to the site, the area between the buildings and the parking lot, and along a pathway from building two to the Good Samaritan site. Additional landscaping has also been provided. These additional site and landscape improvements are not required by Code, but are provided by the applicant to demonstrate better site plan design and provide high quality development along PGA Blvd. Staff has suggested that the orientation of both buildings could be situated in such way so as to take full advantage of the lake by using it as an amenity, which is located immediately west of the subject site. 107, 4 City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP-N -04 VI. PGA Blvd. Corridor Overlay: In staff's opinion, the architecture of the project appears to be consistent with the architecture of adjacent and nearby buildings in terms of massing, height, and uniqueness in style. It is characterized by vertical massing and deep articulation, which give the elevations distinctive character and appearance. Most of the elevations have a dominant central feature in the form of an arched tower with a row of small windows wrapping around the tower at its highest point below the parapet. The ground level of the buildings is dominated by elegant arches that serve as solid anchors to the buildings.on the ground. Staff believes all elevations have been treated equally and contain adequate architectural detail, as required by the PGA Blvd. Corridor Overlay. The architecture is also in conformity with the City's draft design manual. VII. Site Access: Access to the site is to be from a shared access driveway off of Kyoto Gardens Dr., which intersects Fairchild Gardens Ave. at a point east of the subject site within the Regional Center DRI. The only public right -of -way upon which the subject site fronts is PGA Blvd. VIII. Art in Public Places: The petitioner will not provide Art in Public Places on site. Instead, the necessary funds in lieu of providing art on site will be paid to the City as permitted by Section 106 -29(b) of the LDRs. IX. Requested Waivers: The applicant is requesting nine waivers from the Land Development Regulations (LDRs) and one amendment to a previously adopted resolution. Staff supports eight of the nine waivers and the requested amendment to Resolution 64, 1998. They have been adequately justified and a demonstration of innovation in design whereby other minimum Code standards are exceeded has been provided, as specified in Section 118 -214. The waivers are as follows: • Specialty pavers to be used on site at the access driveway and by the buildings' entrances. The applicant proposes to provide specialty pavers based on the justification that specialty pavers accentuate the entryway and provide a higher quality appearance. The justification is adequate and it meets the criterion established for waivers pertaining to site plans within PCDs. Section 118 -214 of the Land Development Regulations specifies that a waiver is considered for innovative design whereby other minimum standards are exceeded. Specialty pavers represent and serve as high quality transitional areas between various spaces with different functions. They also serve as a traffic calming technique and provide a safety feature by making automobile drivers aware of pedestrian crossing areas. Staff supports the requested waiver. 103 5 . City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00 -04 • A waiver to allow two (12 X 25) foot loading space. Section 118 -567 of the LDRs requires the provision of loading spaces at the minimum required size of (12 X35) feet. The justification used by the applicant is that the delivery trucks that will be accessing the site will use smaller size loading spaces due to the nature of the use (office). The applicant has demonstrated innovation in design whereby other minimum standards applicable to this waiver have been exceeded. First, the applicant is proposing to provide three spaces whereas the required number is only two. Second, the applicant has proposed to provide over 2,000 additional landscape points than the required, which are 4,138. The proposed number of points is 6,694. Third, the applicant is proposing to provide specialty pavers, which are not required by Code. Fourth, the justification that smaller trucks will use the spaces is reasonable given the proposed uses on site. Staff supports the requested waiver. • A waiver from Section 118- 479(4) requiring the provision of a pass -by lane for each drive -thru facility. The justification for the waiver is that adjacent and parallel drive aisle is an adequate substitute. The applicant has demonstrated innovation in design whereby other minimum, relevant standards have been exceeded. Providing more landscaping than required and specialty pavers, which are not required, meet the waiver criterion. The justification is also adequate and the City's Fire Marshall has raised no concerns regarding this issue. Staff supports the requested waiver. A waiver to exceed the maximum required height limitation for office uses. Section 118 -204 specifies that the maximum height allowed is 36 feet. The applicant proposes a height of 70.25 feet. The justification is that the proposed height is consistent with the general design and height guidelines suggested by the MacArthur Center Development Guidelines. The guidelines recommend locating non - residential multi -story structures along PGA Blvd. instead of the center within the core of the Regional Center DRI. The applicant has provided an adequate justification for the waiver and has demonstrated innovation in design whereby other standards have been exceeded, as required by Section 118- 214. Staff supports the waiver. • Two waivers to allow two building identification signs to be placed on the north elevations of each building, one sign for each building. The justification for the waiver is that the vehicular entrance to the site is from a shared access roadway leading to and from an east -west public right -of -way, Kyoto Drive. Therefore, building identification signs facing this east -west public right -of -way are needed to facilitate easy access to the site and help potential users identify the buildings prior to entering the site. I O i" C0i . City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00 -04 The justification for the waiver is adequate and the applicant has demonstrated innovation in design whereby providing additional non - required architectural features and details have exceeded other standards. They are in the form of arches and towers. Staff supports the waiver. • A waiver to allow one tenant sign to be placed on the north elevation of building two for a potential occupant whose space will not have direct access to the exterior of the building at ground level. The justification is that the only access to the site is from Kyoto Gardens Drive, which is to the north of the subject site. Section 110 -37(c) does not permit the potential occupant to have a tenant sign because the tenant's space is not accessible from the exterior of the building. However, the applicant has provided an adequate justification for the requested sign and demonstrated that innovation in design whereby other standards of the Code have been exceeded. The applicant also withdrew a previously requested waiver for another tenant sign for the same building on PGA Blvd. Staff supports the waiver. • A waiver to allow a tenant sign on the southwestern elevation of building one. The space for the • potential tenant has access to the exterior of the building, which entitles the tenant to a tenant sign on the north elevation only and not on any other elevation because the space lacks frontage on a public right -of -way. The applicant is requesting a sign to be placed on the southwestern elevation of the building. The sign would be visible from PGA Blvd. The applicant has justified the waiver on the fact that the site has no access on PGA Blvd. and having the sign would provide direction and help identify the building to potential users of the site. However, staff does not support the waiver on grounds that there are too many signs proposed for this development. Tenant signs proposed on elevations facing PGA Blvd. should be kept to a minimum. Pi PROPOSED SIGNS TO BE PLACED ON BUILDINGS ONE AND TWO SIGN REQUESTED ALLOWED BY SPARC STAFF RECOMMENDATION WAIVER CODE RECOMMENDATION Building identification sign Yes No Yes Yes for building one on north elevation Building identification sign Yes No Yes Yes for building two on north elevation Building identification sign No Yes N/A N/A for building one on south elevation Building identification sign No Yes N/A N/A for building two on south elevation Tenant sign on north elevation Yes No Yes Yes of building two Tenant sign on southwestern Yes No No No elevation of building one Two tenant signs on northern No Yes N/A N/A elevation of building one One tenant sign on south No Yes N/A N/A elevation of buildin one 7 log City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00-04 A waiver to allow a side setback of 23 feet from the western property line to the closest edge of building one. The required setback is a minimum of 27 feet, as specified in Section 118 - 204(g)(2). The justification is that the applicant has provided setbacks in the rear and on the eastern side of the building that are greater than the minimum required. The justification is adequate and staff supports the waiver. • An amendment to Resolution 64, 1998, which approved the MacArthur Center Master Signage Program for the Regional Center DRI. The proposed amendment would allow a relocation of a ground sign situated north of the subject parcel to the driveway entrance of the property. The master signage program currently allocates a ground sign (building identification sign) to one large parcel that included the subject site as well, with one ground sign for the entire property located north on Kyoto Gardens Drive. However, this parcel has been subdivided into two separate parcels, one of which is the subject site. As a result, the subject parcel no longer has a ground sign assigned to it on the master signage program. The justification for the amendment is that the requested change is minimal and meets the intent of the City's sign Code, which is to facilitate easy access and better identification of the site to the public. The sign will be in conformity with the master signage program in material and design. The applicant has provided an adequate justification and the requested amendment meets the intent of the sign Code. Staff supports the amendment. X. Comments from the Development Review Committee (DRC): To date, no objections have been received from the following departments and agencies: Building Division, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. However, some comments have been received. Those that had not been adequately addressed by the applicant were treated as outstanding issues. Please see attached comments. XI. Summary of Previous Outstanding Issues: • The applicant used a lower trip generation rate for the medical use. The required rate for medical use is 36.13 trips per 1000 square feet, according to the City's Traffic Engineer. The applicant applied a rate of approximately 9 trips per 1000 square feet. Staff previously raised this issue as a major concern. The applicant has adequately responded by amending the application to reflect the current trip generation rate for the medical use based on the Institute of Traffic Engineers (ITE) trip generation rates. A revised traffic statement reflecting the requested changes has been submitted to staff. Final sign -off by the City Engineer's office is needed. • Staff previously requested that the applicant provide a pass -by lane for the drive- through facility. The applicant has requested a waiver and provided a yield sign at the point of intersection between the drive isle and the parking lot drive isles. Io& City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00-04 The City Fire Marshall indicated that he had no concerns with the applicant's proposed provision of an ATM lane instead of a pass -by lane for the facility. Staff requested that the applicant relocate three parking spaces, one at each drive isle adjacent to stop signs in the north portion of the site, and two additional parking spaces located immediately next to the access driveway of the site. The applicant has removed three parking spaces and two additional spaces by the entrance and reduced the proposed square footage of the development to compensate for the loss of the parking spaces. • Staff requested that the site plan should be revised to reflect directional signage in the landscape island near the drop -off area. The applicant has revised the site plan and placed a one -way directional signage at the building drop off location. • Staff requested that the site plan should reflect flush header curbs near the specialty paver area, per the City Engineer's comments. The applicant has revised the site plan and provided flush header curbs at the site entrance and the crosswalk. X1I. Summary of SPAR Committee Meetings: is During the meeting held on May 9, 2000, the Committee raised several issues regarding the parking, trip generation for the medical use, the design of the buildings, and the landscaping on site. The applicant adequately addressed those issues. During the previous meeting held on May 23, 2000, the Committee raised a few comments and suggestions and they include the following: • The Committee directed staff to find out why the parcel of which the subject site was a part was subdivided. No explanation has been provided; • Revise the planting area by the site's entrance to provide better visibility to vehicles entering and leaving the site. The applicant has made the requested revision; • Waivers for tenant signage on PGA Blvd. should not be granted; • Revise the floor plans and elevations to reflect three -inch deep arches and bands of 1 -1/4 inches deep. The recommended revision has not been made; • The construction material to be used in constructing the two buildings should be precast concrete. SPARC voted 5 -1 to recommend approval of petition SP- 00 -04. The dissenting member felt that the proposed buildings did not exhibit high quality design. SPARC also recommended approval of the waivers requesting the following: • Specialty pavers; • Reduction in the size of two loading spaces; • An ATM lane instead of pass -by lane; • Increase in building height limitation; • Two building identification signs on the north elevations, one for each building; • One tenant sign on north elevation of building two; • Amendment to Resolution 64, 1998 to relocate ground sign to subject site entrance. 07 9 City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00-04 The Committee did not recommend approval of the waivers requesting the following: • One tenant sign on south elevation of building two (applicant withdrew request); • One tenant sign on southwestern elevation of building two (applicant continues to request). XIII. Staff Recommendation: Staff recommends approval of petition SP -00 -04 with conditions. Staff further recommends approval of the. amendment to Resolution 64, 1998 and eight of the nine waivers requesting the following: • Specialty pavers; • Reduction in the size of two loading space from (12X35) to (12X25) feet; • ATM lane as substitute for a required pass -by lane for the drive- through facility; • One tenant sign on north elevation of building two; • One building identification sign on north elevation of building one; • One building identification sign on north elevation of building two; • Reduction in the side setback requirement for building one; • Increase in the maximum height limit; • Amendment to Resolution 64, 1998. XIV. Conditions of Approval: Staff offers the following conditions of approval for the City Council' s review and approval: No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Northern Palm Beach County Improvement District's Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and/or agencies, including a schedule for implementing the plan an a definitive commitment for funding the required improvements (City Engineer); 2. Prior to commencing any construction or clearing activity on site, the applicant must, under the supervision of the City Forester, ensure that the dead pines are replaced by at least two of the existing Pines that are proposed to be removed (City Forester); 3. Prior to the issuance of any building permit, the applicant must submit revised drawings to demonstrate that the arches and the bands are three and 1-1/2 inches deep, respectively (Development Compliance Officer); 4. Prior to issuing any building permit, the applicant must indicate on the construction plans that the material to be used in constructing the two buildings is of precast concrete, as recommended . by the Site Plan and Appearance Review Committee (Development Compliance Officer); 5. Prior to issuance of final certificate of occupancy for building one or two, whichever occurs first, the applicant shall: l U's 10 • City Council of Palm Beach Gardens Meeting Date: June 29, 2000 Date Prepared: June 10, 2000 Petition SP -00-04 Either install landscaping and irrigation within PGA Blvd. in accordance with FDOT's final plans, based on the 90% plans dated March 31, 2000, or if PGA flyover is under construction and not complete, install landscaping and irrigation within 12 months of the completion of the PGA Blvd. flyover improvements. If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant will not be responsible for said installation (City Forester); 6. The applicant must reflect the 55 -foot buffer as a landscape easement to be maintained by the owner of the subject parcel. The easement buffer is to be reflected on the plat for the subject parcel when the said plat is filed with the City (Planning); 7. The petitioner is responsible for the maintenance of PGA Boulevard landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); • 8. Activities generated by the bank through the use of its drive -thru facility must be less than 50% of the bank's total daily activities. This is to be determined by the daily number of trips generated by the drive -thru facility versus the trips generated by the building structure of the bank (Planning); 9. The total square footage of the medical office use shall not exceed 10,800 square feet (Planning). &Talal/SP- 00- 04 -st2 • 11 r' • • • Resolution 50, 2000 Meeting Date: June 29, 2000 Date Prepared: June 11, 2000 RESOLUTION 50, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SITE PLAN OF DEVELOPMENT FOR AN OFFICE DEVELOPMENT WITH A TOTAL OF 46,000 SQUARE FEET AND CONSISTING OF A BANK (4,000 SQUARE FEET), MEDICAL (10,800 SQUARE FEET), AND PROFESSIONAL OFFICE (31,200 SQUARE FEET) AND FOR NINE WAIVERS AND ONE AMENDMENT TO ALLOW THE USE OF SPECIALTY PAVERS, REDUCTION IN SIZE OF TWO LOADING SPACES (12x25 FEET), ATM LANE INSTEAD OF PASS -BY LANE, INCREASE OF HEIGHT LIMITATION TO 70.25 FEET, TWO ADDITIONAL BUILDING IDENTIFICATION SIGNS ON NORTH ELEVATIONS FOR BOTH BUILDINGS, TWO TENANT SIGNS FOR EACH BUILDING, REDUCTION IN THE SIDE SETBACK REQUIREMENT FOR BUILDING ONE, AN AMENDMENT TO RESOLUTION 64, 1998 TO RELOCATE A GROUND SIGN TO THE ENTRANCE OF THE SUBJECT SITE, WHICH IS WITHIN THE REGIONAL CENTER DRI AND PCD ALONG PGA BLVD., AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a master site plan for the construction of a professional office development with a total square footage of 46,000 and consisting of a bank with 4,000 square feet, a medical office with 10,800 square feet, and general office use with 31,200 square feet on the subject site, which is located in the Regional Center DR] and PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks nine waivers to allow the use of specialty pavers, reduction in the size of two loading spaces (12x25 feet), ATM lane instead of a pass -by lane, an increase in the height limitation to 70.25 feet, two additional building identification 12 __. JEW Resolution 50, 2000 Meeting Date: June 29, 2000 Date Prepared. June 11, 2000 signs on north elevations of each building, one tenant sign for building one on southwestern elevation, one tenant sign for building two on north elevation, and a reduction in the side setback requirement for building one; and WHEREAS, applicant further requests an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site as shown in Exhibit "B" attached hereto; and WHEREAS, the 3.2 -acre (Parcel 27.10B) site is currently zoned Planned Community District (PCD) with an underlying zoning of Professional Office (PO), and a future land use of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and 0 WHEREAS, the Growth Management Department has recommended approval of the amendment of the site plan known as Parcel 27.106; and WHEREAS, the Site Plan and Appearance Review Committee recommended approval of petition SP -00 -04 with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves professional office development with a total square footage of 46,000 and consisting of a bank with 4,000 square feet, a medical office with 10,800 square feet, and general office use with 31,200 square feet. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves eight waivers for the subject site as more particularly described herein. Section 3. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site as more particularly described herein. _.. 13 - - - - -- Resolution 50, 2000 40 Meeting Date. June 29, 2000 Date Prepared: June 11, 2000 Section 4. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Northern Palm Beach County Improvement District's Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and /or agencies, including a schedule for implementing the plan an a definitive commitment for funding the required improvements (City Engineer); 2. Prior to commencing any construction or clearing activity on site, the applicant must, under the supervision of the City Forester, ensure that the dead pines are replaced by at least two of the existing Pines that are proposed to be removed (City Forester); 3. Prior to the issuance of any building permit, the applicant must submit revised drawings to demonstrate that the arches and the bands are three and 1 -1/2 inches deep, respectively (Development Compliance Officer); 4. Prior to issuing any building permit, the applicant must indicate on the construction plans that the material to be used in constructing the two buildings is of precast concrete, as recommended by the Site Plan and Appearance Review Committee (Development Compliance Officer); 5. Prior to issuance of final certificate of occupancy for building one or two, whichever occurs first, the applicant shall: Either install landscaping and irrigation within PGA Blvd. in accordance with FDOT's final plans, based on the 90% plans dated March 31, 2000, or if PGA flyover is under construction and not complete, install landscaping and irrigation within 12 months of the completion of the PGA Blvd. flyover improvements. If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant will not be responsible for said installation (City Forester); 6. The applicant must reflect the 55 -foot buffer as a landscape easement to be maintained by the owner of the subject parcel. The easement buffer is to be reflected on the plat for the subject parcel when the said plat is filed with the City (Planning); 1 12- • • • Resolution 50, 2000 Meeting Date: June 29, 2000 Date Prepared: June 11, 2000 7. The petitioner is responsible for the maintenance of PGA Boulevard landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 8. Activities generated by the bank through the use of its drive -thru facility must be less than 50% of the bank's total daily activities. This is to be determined by the daily number of trips generated by the drive -thru facility versus the trips generated by the building structure of the bank (Planning); 9. The total square footage of the medical office use must not exceed 10,800 square feet (Planning). Section 5. The following waivers are hereby granted with this approval: 1. Specialty pavers- not allowed by Code, to be used at driveway entrance and area between parking lot and buildings one and two. 2. Reduction in size of two loading spaces- Section 118 -567, requires a minimum size of (12X35) feet, to allow a size of (12X25) feet. 3. Pass -by lane- Section 118 - 479(4), requires the provision of a pass -by lane for drive -thru facilities, to allow the ATM lane to serve as the pass -by lane. 4. Increase in maximum height limit- Section 118 -204, requires the maximum height to be 36 feet, to allow an increase to 70.25 feet. 5. Two building identification signs, one for each building- Section 110- 37(a), allows only one sign for a building located on a site with at least 100 feet of frontage on a public right -of -way, to permit one sign for each building on the north elevations (total 2). 6. One tenant sign for building two- Section 110- 37(c), requires that an occupant's space have direct access to the exterior of the building, to allow the tenant sign on the north elevation of building two for a tenant whose space has no direct access to the exterior of the building. 7. One tenant sign for building one- Section 110- 37(c), requires that an occupant's space have direct access to the exterior of the building, to allow one tenant sign on the southwestern elevation of the building. 8. Side setback- Section 118- 204(g)(2), requires buildings greater than two stories in height to comply with a side setback of 27 feet; the current setback is 23 feet. ....1.5 Resolution 50, 2000 Meetmg Date: June 29, 2000 Date Prepared: June 11, 2000 Section 6. Resolution 64, 1998 is hereby amended as follows: The MacArthur Center Master Signage Program for the Regional Center DRI is amended by relocating a ground sign at the property lines of two parcels situated north of the subject parcel. The said sign is to be relocated to the access driveway (entrance) of the subject site as shown in Exhibit "B" attached hereto. Section 7. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan, by Urban Design Studio, revised on May 30, 2000; 2. Landscape Plan, by Urban Design Studio, revised on May 30, 2000; 3. Landscape Enlargement Plan, by Urban Design Studio, revised on May 30, 2000; 4. Phase One Landscape plan, by Urban Design Studio, revised on May 30, 2000; 5. Phase One Landscape Enlargement plan, by Urban Design Studio, revised on May 30, 2000; 6. Landscape Planting Details plan, by Urban Design Studio, revised on May 30, 2000, 7. Architectural drawings, Al -A7, by Alan Strassler Architects, Inc., revised on May 15, 40 2000. Section 8. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2000. JOSEPH RUSSO, MAYOR ..1.6 . i I `>'- • • • ATTESTED BY: Carol Gold, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK G:Talal /talal- SP- 00 -04 -re Resolution 50, 2000 Meeting Date: June 29, 2000 Date Prepared. June 11, 2000 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT ................. 17 115 • PROPERTY DESCRIPTIONt SOUTH PORTION PARCEL 27.108 CATALFW0 CO '.S `� 1@002 Exhibit "A" A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 88.45'08" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 719.61 FEET; THENCE NORTH 01.14'5:x" EAST, A DISTANCE OF 1.11 FEET TO A POINT ON THE EAST LINE OF A WATER MANACEME14T TRACT AS RECORDED IN OFFICIAL RECORD BOOK 5072, PAGE 373, PUBLIC RECOROS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNINGI THENCE NORTH 34.02'14" WEST ALONG SAID EAST LINE, A DISTANCE OF 361.22 FEET; THENCE N014TH 590 SCRIBED IN�OtFICIIAITRECORDFBOOK 8120 PAGE 01406PPUBLIC RECORDSOF PAAL(u.SS EASEMENT BEACH COUNTY, FLORIDAI THENCE SOUTH 33' 36'10" j%T CONTINUING ALONG SAID WEST EASEMENT LINE, A DISTANCE OF 71.72 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 8120 PAGE 1406 PUBLIC RECORDS OF PALM QEACH COUNTY, FLORIDA; THENCE SOUTH b6.23'50" kST ALONG SAID NORTH LINE. A DISTANCE OF 30,40 FEET TO THE NORTHWEST CORNER OF ;AID PARCEL; THENCE SOUTH 03.36'10" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 419.67 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD, AS RECORDED MI OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA AND ON A CURVE CONCAVE TO THE SOUTH HAVING A RAON5 OF 2934.79 FEET AND A RADIAL BEARING OF SOUTH 05-24-19" EASY; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE: THROUGH A CENTRAL ANGLE OF 04.47'09 A DISTANCE OF 245.13 FEET TO THE POINT OF BEGINNING. CONTAINING 3.38 ACRES OR 147,443 SQUARE FEET, MORE OR LESS. 110- C7 • • w IIIII�IIi�II��II��IIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIJN�llillll�l��l .s"2" 1 2 1 Jill ! Jill! ,1Q1 a I. i • l;a1 I;.i i i� fig.•; r � I 1 III II, W111 r 1 2 1 Jill ! Jill! ,1Q1 a I. i • l;a1 I;.i i i� fig.•; r � I 1 III r � r �j • • aj 1 2 1 Jill ! 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G'' G FIi 6° ®rgF- a- lit y� s s { dlb Sj L a'pL7 �aU dlb Sj 0 0 Florida Power & Light Company FPL May 19, 2000 Sandra Parks Urban Design Studio 2000 Palm Beach Lakes Blvd Suite 600 The Concourse West Palm Beach, Fl 33409 -6582 Re: Parcel 27.10b Dear Ms. Parks The proposed berms as shown on the supplied plans are in conflict with the FP &L easement and a Feeder switch cabinet . These berms would hinder FP &L's access to the underground feeder and would cause a drainage problem at the switch cabinet location. If you have any questions please do no hesitate to call me at (561) 575 -6343. Sincerely Michael Gardner Distribution Senior Designer C i� ca1• C�4 n . an FPL Group Company 0 • • ENGINEE May 9, 2000 Ms. Tracy C. Robb, P.E. Northern Palm Beach County Improvement District 357 Matt Drive Palm Beach Gardens, FL 33418 Subject: Grand Bank Center NPBCID Permit No. SWS- 424306 -19 -030 NPBCID Unit of Development No. 19 (Our Ref. No. 19 -030) Dear Ms. Robb: City Of P.B.G. Ig 13 200 " & iNc ZONING We have reviewed the permit application for the subject Project. The proposed Land use breakdown is consistent with the Unit 19 conceptual modifications submitted to SFWMD in application 991027 -12. Therefore, we recommend approval of the Northern permit application. Should you have any questions, please call me at extension 243. Very truly yours. MOC , /ROOS & SOCIA,TES, INC. 7 John Cioffoletti Project Coordinator JCJkv Copies: 'Vicki Loeb Jeffrey R. Bergmann L. cticts:npbc•npbcunl9:Pzrmits:19 -030 L0031r-kv.doc Mock, Roos & Associates, Inc. CC 5c- t?,1 TnTAI P fit? i •i EXECUTIVE OFFICE • • May 25, 2000 Seacoast Utility Authority Address Box 602 Palm Beach Gardens, Florida 33410 -9602 Ms. Sandra Parks Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, FL 33409 Re: Grand Bank Center Dear Ms. Parks: This letter is to advise you that based on the water and sewer construction drawings for the above referenced project prepared by CEM Consulting dated May 17, 2000 with latest revision No. 6, and the landscape plans prepared by Urban Design Studio with a latest revision dated May 15, 2000, Seacoast Utility Authority has no objection to the proposed landscaping, a day deviation from these plans will require further review and approval by Seacoast Utility Authority. Should you have any questions, please call me at extension 310. Sincerely, SEACOAST UTILITY AUTHORITY Scott Serra, P.E. Engineer cat cc: B. Gregg J. Lance 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 1 2'L Wb(p til1LTWG NOR & MAID I R CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION -URVEYING & MAPPING GIs Is "Partners For Results Value by Design" *S.W. Corporate Pkwy Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh com MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E. DATE: May 5, 2000 FILE NO.: 00 -4126 SUBJECT: Regional Center - Parcel 27.10B (Grand Bank Center) We have reviewed the revised Site Plan and Landscape Plans prepared by Urban Design Studio; Architectural Plans prepared by Alan Strassler Architects. Inc.; and Construction Plans prepared by CEM Consulting Inc. received on April 25, 2000. We have the following comments, which are based on our March 22, 2000 memorandum: 1. Conditionally Satisfied. The applicant has applied for a waiver from `C the loading space quantity requirement. 5 Satisfied. The applicant has revised the Site Plan and Site D*fa to reflect the nine bicycle spaces that are required as per LDR 118 -539 (176 x 5% = 8.8 or 9). 3. Conditionally Satisfied. Prior to the issuance of the first building I t, permit, the applicant will need to submit written authorization from the 1Y utility owner for horizontal construction/plantings within the utility easements. 4. Conditionally Satisfied. The Paving, Drainage, Water & Sewer Plans have been reviewed on a cursory level only. Complete review of these plans will be completed during the Construction Plan Review Phase. 5. Not Satisfied. The Traffic Review Analysis submitted has been forwarded to our traffic consultant N177 Group. All comments will be forwarded when they are received. (!5 1,0 m (trek n t yJ a.v�ul�SiS 6. The _ applicant will need to show a drive through pass -by lanes as required by Section 118 -479 of the City's Land Development Regulations. We do not consider the ATM lane to be an adequate pass - by lane. 12,5 Regional Center - Parcel 27. l OB Page 2 of 2 LBFH File No. 00 -4126 . The applicant needs to revise the site plan to remove the three parking paces at the north end of each of the drive isles, near the stop signs. Cars backing out of these spaces will back directly into the northern drive isle. The applicant needs to show directional signage in the landscape island near the drop off area. The signage should limit the drop off are to one- way traffic. 9 -The applicant needs to show flush header curbs adjacent to the specialty C/ paver areas. 9�6¢' The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD /4 cc: Roxanne Manning Jim Norquest PAPROJECTSWBOMEM04412614126c IZ`t 1 11 u 0 • D ie�yY�4 • f- CITY OF PALM BEACH GARDENS MEMORANDUM TO: T Aal Benothman, Senior Planner DATE: May 12, 2000 FROM Scott Fetterman, Asst. Chief / Fire Marshal SUBJECT: Parcel 27.10B, Grand Bank Center (SP- 00-04) Please be advised that the Fire Rescue Department has reviewed the above referenced site plan and does not have any adverse comments or concerns at this, time. We specifically looked at the drive -thru area and determined that we do not have a need to access this area with vehicles. The parking areas provide adequate access points to the proposed buildings. Thank you for your concern in this matter. Please contact me if you have any further questions. / a_ 1767 Memo to File isSubject: SP- 00 -04, Parcel 27.1OB Regional Center / From Mark Hendrickson, City Forester ` I14 Date: May 15, 2000 I have reviewed the May 15, 2000 subnuttal for the above - referenced petition, and I have read the responses to the SP &ARC comments from their May 9, 2000meeting. The existing and proposed vegetation within the 55' PGA Boulevard corridor overlay along the southern portion of this project meets the landscape standards as provided in Section 118 -280 (e 2). However, I have attached the 90% complete PGA Boulevard "Flyover" landscape plan that affects all of the roadway south of this project. The following are my comments and conditions for the May 23, 2000 SP &ARC meeting: Attached is the future (2005) PGA Boulevard Flyover landscape plan. The FP &L switch box is the same box as referenced on the site plan south of office building "One ". The existing sidewalk is not indicated because it is on the 27.1 OB site. Existing vegetation will be removed and replaced. The biggest difference is in the vegetation with the median, which will be mostly eliminated. Also, the road shoulder will be wider than what exists. The FDOT plan meets the PGA Boulevard standards. recommend the following condition to anticipate these future roadway changes: Prior to the final certificate of occupancy of Phase 1 or 2, which ever occurs first, the applicant shall either: 1) Install the landscaping and irrigation within PGA Boulevard, per the FDOTfinal plans (based on the 90% plans dated March 31, 2000), from and including the respective median of said road to the property line, which includes all phases, or 2) Installation of the landscaping and irrigation shall be the responsibility of the applicant within 12 months of the completion of the PGA Boulevard flyover improvements, or 3) If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant shall not be responsible for said installation. • There are two dead Pine trees within the existing 55' PGA Boulevard buffer. I recommend relocation the at least two of the existing Pines, that are proposed to be removed, to replace the dead pines. • I will work with the petitioner to locate the proposed berm around the existing FP &L box, so the existing Oak and Pine trees can be saved, prior to establishing the Saw Palmetto plants. • I recommend that plat of this parcel indicate the 55 buffer as a landscape easement. • I recommend that the plat recognize the two building footprints, but all the open space and impervious areas be of one ownership and maintained as one protect. • IZ(o r 7 n r\ i WI Wzck : �x Trp" - Mrs kA i 60 BOW 2 PE-1 - 4 PEJ SR_._/ ERM Ej r 6.0 BERM - r O S Q PETERS 3 PE - 12� SR 786 (PGA BLVD) t e wI)g;CAPE L GHTING PLAN RESOLUTION 64,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SIGNAGE PROGRAM FOR THE MACARTHUR CENTER; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS FROM CODE REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MacArthur Regional Center was approved per Resolution 9, 1984; WHEREAS, the City's Growth Management Department has received a petition from the MacArthur Center Property Owners Association for the approval of a Master Signage Program for the MacArthur Regional Center, located at the northeast comer of the intersection of PGA Boulevard and Alternate AIA, Palm Beach Gardens; WHEREAS, the City's Growth Management Department has recommended approval of the MacArthur Center Master Signage Program; and WHEREAS, the City's Growth Management Department has determined that the proposed Master Signage Program is consistent with the City's Comprehensive Plan and Code provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section L. The City Council of the City of Palm Beach Gardens hereby approves a Master Signage Program consisting of seven Main Entry Signs, 13 Directional Signs, 28 Building ID Signs, Regulatory Signs per code and four Temporary Site Signs, for the MacArthur Regional Center located at the northeast comer of the intersection of PGA Boulevard and Alternate Al A, Palm Beach Gardens. $eclion 2. The Master Signage Program shall be implemented in accordance with the following plans on file with the City's Planning and Zoning Department: 1. April 24, 1998, Sign Location Plan and Message Schedule, Sheet SL 2. April 29, 1998, Typical Landscape Plans, Sheets 1 -2. 3. August 7, 1997, MacArthur Center Signage and Graphics Standards; Main Entry Sign, . Building ID Sign, Directional Sign, Temporary Site Sign, Street Name Signs, Routing Signs, and Regulatory Signs (dated May 13, 1998) I m i Section 3. The Master Signage Program approval shall comply with the following conditions: (1) The MacArthur Property Owners Association shall maintain all signage.. (2) Prior to the issuance of the first sign permit, the applicant shall submit construction plans and specifications for the break -away design for review and approval. This shall apply to the Main Entry Signs, the Building Identification Signs and the Directional Signs. (3) No sign shall be erected within, over, or adjacent to any existing or future water or sewer line without the prior written consent of Seacoast Utilities, its successors, and or assigns. (4) Each temporary sign shall be removed at the issuance of the Certificate of Occupancy for the building for which the temporary sign was erected. Section 4. The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 110- 36(c), minimum landscaping required around ground signs and minimum front setbacks to allow: 1) Directional Signs and Building ID Signs within medians to be located within one • foot from the edge of the curb (they are required 6 -7 feet of side landscaping, depending on the height of the sign). 2) Building ID Signs in medians to have a 3 foot front setback (15 feet is the required setback). b. Waiver of Section 110- 36(b), maximum length of ground signs (15 feet required) 1) To allow Main Entrance Sign of 16 feet Section 5. This Resolution shall be effective upon adoption. Page 2 Resolution 64, 1998 121 • INTRODUCED, PASSED AND ADOPTED THIS&W -DAY OF P 199 J S RUSSO, MAYOR ATTEST: APPROV AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. (2,A n (a r v- L I _ CITY ATTORNEY w - VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Page 3 Resolution 64, 1998 AYE NAY ABSENT r 1 30 • I l I I i i ' o I I f i i I I � F m I •r f I I I i I rf� s F �a moao� HIM m o 3 1 D I 1 ° l I \l I 1 I D 1 1 � Is l y c D x l l n z r k . b d z r 0 A Y f�ki�ll�illl�iWl€ Pall 1111111111111;11111I IIIIIIIIIiIIII��IIG��I�I `II��lfPNlllll d� • i i fo e ' f i 4 o> M ao eneo u i�sss stssp f 1 11 1 f il TI . 1 fig`s t Fi ,t, ,,,,.q, . .. .... .. .. ..... ........ f f f f f D F � a i PP 0 If R 1 M tl a- _ I iFi ��Pt gFt -fi i't� t IF O 0 y 7 y y i 7 w z 1 . D - I I x 1 1 1 -- f��ll�lll6l �I€ ��IPIIIIIIIIIIIIIIIkIIIIIIIIIIIIIIIIIII��IIIaE�I�Ili6PFVKlllll d32 • • is -A. Sign Criteria: /4-tj- b4fe. 1 pages Reverse Channel Internally Illuminated Letters Letters to be fabricated with .090 aluminum faces and .040 x 2 %" returns. Letter faces to be attached to returns with approved industry welding standards. Letters to be illuminated with EGL 6500 Snow White 13mm neon tubing. Letters to be mounted 2 %" from wall surface using concealed fasteners for halo illumination. Fasteners to be embedded in structural epoxy. All aluminum surfaces to be chemically prepared with self- etching primer. Letter surfaces to be painted with satin gloss black acrylic urethane paint. Inside of letters to be painted white to enhance illuminated. Letters to be UL listed, approved and shall bear a UL label. Flat plate aluminum letters: Letters to be fabricated with '/4" aluminum plate. Letter faces to be pin mounted to surface with '/z" spacers. Letters surfaces to be painted with satin gloss black acrylic urethane paint. PROJECT # kxmwt # 4 city OfP8G. 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SUBJECTIAGENDA ITEM First Reading: Ordinance 20, 2000, a request to approve a waiver of the rear setback requirements for the Golf Estate Villas Planned Unit Development located on the west side of Military Trail, north of Holly Drive. RECOMMENDATION Staff rPCnmmends annroval of Ordinance 20. 2000. with conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney L14�4 Growth Management [ ] Approved Finance NA $ [ ] Approved wl ACM 4A) V Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ]Continued to: Attachments: Date: [ ] Operating = Ordinance 20, 2000 0, Paper: p Pa [ ] Other = 5/23/00 memo from Sean Donahue = 5/4/00 letter from Bruce Gregg = 4/28/00 comment form Jack Hanson =3/21 /00 letter from Joseph Porten = Aerial photo [X] Not Required Plat Sub m1 ted by: Gr P Dire o Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [X] Not required 15� • • City Council Meeting Date: June 29, 2000 Date Prepared: June 14, 2000 Petition MISC -00 -05 REQUEST Joseph Porten, Owner, is requesting a waiver of the rear setback requirements of Section 118- 201(4) for the purpose of adding screen enclosures to the existing rear patios at Golf Estate Villas Planned Unit Development. Units 1, 7, 8, 9, and 10 would need the setback waiver. This request includes the right to add screen enclosures to any of the 13 units. BACKGROUND Golf Estate Villas Planned Unit Development was approved on June 19, 1997 by Ordinance 21, 1997. The approval was to rezone a 1.45 -acre site from Residential Medium to Planned Unit Development for the construction of 13 Zero -lot -line Townhomes. The site is located on the west side of Military Trail, approximately 500 feet north of Holly Drive. LAND USE & ZONING The parcel Is zoned PUD (Planned Unit Development) with a land use designation of RM (Residential Medium). The site is bound to the north by two -story townhouses (Garden Trail), to the east by Palm Beach Gardens High School, to the west by a canal and single - family residences, and to the south by single - family and duplex residences. PROCEDURE This request has been classified as a Miscellaneous petition since the development review processes outlined in Section 118 are not applicable. The changes are greater than can be approved administratively and less than what would be considered as a major amendment to the site plan. The City Council has the authority to approve the request, approve with conditions, or deny the request. K 15S7 • r • City Council Meeting Date: June 29, 2000 Date Prepared: June 14, 2000 Petition MISC -00 -05 TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject.Property Planned Unit Development Residential Medium Residential (PUD) (RM) North Residential Medium Residential Medium Residential (RM) (RM) South Residential Medium Residential Medium Residential (RM) (RM) East Public Institutional Public Institutional Palm Beach Gardens High (PI) (PI) School West Residential Low Density Residential Low Residential (RI-2) (RL) .qTFNCY WITH THE COD E Consistent Code Requirement Proposed Plan Yes Front Setback: 30' 62' Yes Side Setback: 10' 15' No Rear Setback: 20'0 12'9" Yes Building Height: 36' Max. 23'10" Yes Open Space (40 %) 52.8% 3 j% • City Council Meeting Date: June 29, 2000 Date Prepared: June 14, 2000 Petition MISC -00 -05 PROJECT DETAILS The petitioner is requesting a waiver of the rear setback requirement within the Residential Medium zoning district. Section 118- 201(4) of the city code requires a 20' minimum rear building setback for properties located within the Residential Medium zoning district. The petitioner is proposing to provide screen enclosures in the rear of each unit where the existing patios and privacy walls are located. Staff has required the petitioner to indicate on the site plan the rear setback for each unit. The minimum setbacks proposed as a result of the installation of the screen enclosures will be 127 (unit 1). Five of the 13 units would require rear setback waivers of various dimensions. The screen enclosures are 8'X20' in size and are white metal framing with smoked mesh screening. It should be noted that a Certificate of Occupancy has been issued for this project. 0 Waivers The applicant has submitted waiver requests and justification statements (see attachments) for the following waivers: Section 118- 201(4), Minimum Rear Setback requirement. The minimum rear setback required for Residential Medium zoning district is 20 feet. The site plan is proposing a variety of rear setbacks with 12'9" being the minimum proposed. STAFF COMMENTS Planning & Zoning Division No objections have been received from the following departments and agencies: Building Division, Fire Department, City Engineering, City Legal, Seacoast Utility Authority. 4 151 U-j • City Council Meeting Date: June 29, 2000 Date Prepared: June 14, 2000 Petition MISC -00 -05 OUTSTANDING ISSUES As of the date of this report, City Staff has received no public comment on this project. RECOMMENDATION Staff recommends approval of petition MISC -00 -05 with the following condition of approval and waivers: Conditions 1. The screen enclosure shall not encroach on the existing 12 -feet wide drainage easement located along the rear property line. Waivers Waiver of Section 118 - 201(4)- Minimum Rear Setback Requirements 41 • • • May 24, 2000 ORDINANCE 20, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TDM INC. FOR AN AMENDMENT OF A PREVIOUSLY - APPROVED PLANNED UNIT DEVELOPMENT BY APPROVING THE ADDITION OF SCREEN ENCLOSURES TO THE REAR PATIOS AT GOLF ESTATE VILLAS PLANNED UNIT DEVELOPMENT, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 500 FEET NORTH OF HOLLY DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from TDM INC. for approval of an amendment to a previously- approved planned unit development known as Golf Estate Villas, located on the west side of Military Trail approximately 500 feet north of Holly Drive, in order to construct screen enclosures where the patios are located at the rear of the units; and WHEREAS, the 1.45 -acre "Golf Estate Villas" site is currently zoned Residential Medium (RM) with a Planned Unit Development (PUD) overlay; and WHEREAS, on June 19, 1997, the City Council approved the "Golf Estate Villas" Planned Unit Development through the adoption of Ordinance 21,1997; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the planned unit development (PUD) known 6 151 Ordinance 20, 2000 • Meeting Date: June 15, 2000 Date Prepared: May 24, 2000 Petition MISC -00 -05 as Golf Estate Villas; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Golf Estate Villas" PUD, located on the west side of Military Trail approximately 500 feet north of Holly Drive, to permit the construction screen enclosures where the existing rear patios a.re located. SECTION 2. Said Planned Unit Development is approved subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: 1. The screen enclosures shall not encroach on the existing 12 -feet wide drainage easement located along the rear property line (City Engineer). 0 SECTION 3. The following waivers are hereby granted with this approval: 1. Minimum rear setback requirement— Section 118 - 201(4), which requires a minimum rear setback of 20 feet, to allow a minimum rear setback of 12'9 ". SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. 11/3/99 site plan, Robert F. Sonberg Architect/Planner, sheet A -0 2. 3/12/97 landscape plan, Florida Landscape Design, 1 sheet 3. Rear & Side Elevations, 1 sheet Supportinq Documents: 1. 3/21/00 letter from Joseph W. Porten III • SECTION 5. If any section, paragraph, sentence, clause, phrase, or 7 e Ordinance 20, 2000 10 Meeting Date: June 15, 2000 Date Prepared: May 24, 2000 Petition MISC -00 -05 word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. Ul MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO • 13 ICI • • Ordinance 20, 2000 Meeting Date: June 15, 2000 Date Prepared: May 24, 2000 Petition MISC -00 -05 ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO E 1 &2 ai J tn', zv to i• a lei Sty} yrt a- WA-44.1 446 !A IC- WTRr ' WW " 7-6 ML. I "L . 4;",4 M E E* • u• �f a . • Ta _1 , Of L L zi ` ; i�' aim •f N �R 1 r , .. . - - - - M i < i � J � A :f sari MIN E3 v�8 �yTd� <NC4 NA V� on ce s C4 n t`� 1 all i a r =; 1 �1 1 1 1 r oil 7 y� i a 0. r w�a � K G7 i N � It � A ON ! yi W ca F 1 i# i(5 r =; 1 1 r oil 7 y� i9 N 0. r w�a � K G7 i N � It � A ON ! yi W ca F 1 i# i(5 • r i \•�4• `t,1�4 i �, \ e:t TKO •r b IF lid . oily °8 lit V • ,Jill y • • • .t Y � BAUE -*Y, 1 f I \ r Glen C Cu ell 14 I. !WA—Tci me, �..� -? 1 LOCATION MAP i` xjq. .UE W �- ` C7 1 1311 HOU N f tchy Arq 5 w f eh�•= 91' Cot f iaa C1 N ? Daffodil Cu = w w -Y c (Alth•• WaY 13 Empress St 4 &7 & bF �� MEMORANDUM untiNccivu tNcaNrr_hs .UR\1 \ OR" a NL111111 "{:� TO: Bahareh Keshavarz FROM: Sean C. Donahue, P.E. DATE: May 23, 2000 FILE NO. 89 -0991 CIVIL AGRICULTURAL WATER RESOURCES SUBJECT: Golf Estate Villas -Rear Setback Waiver WATER & WASTEWATER TRANSPORTATION SURVEYING MAPPING We have reviewed the Rear Setback Waiver submittals for the referenced project received on May 1, 2000. We have no engineering concerns with GIS the approval of this waiver, provided that the additions do not encroach upon the existing 12 -feet wide drainage easement located along the property line of this project. $CD/ cc: Roxanne Manning Jack Hanson PAPR0JECTSIPBGMEM0W991a991k "Partners For Results Value by Design" �1C City of P Gardens MAY 23 Vii GffU1h I H MANAGEMENT S W Corporate Pkwy DEPARTMENT Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh.com 1 &I • • • P42 0,9 � 2000 SEACOAST UTILITY AUTHORITY - 0a1N �Wl . FAX COVER SHEET DATE: AAIR TIME: I TOTAL OF PAGES INCLUDING THIS PAGE: T'- FROM - NAME NAME B Seacoast Utility Authority COMPANY COMPANY -791 r t (561) 624 -2839 TELECOPIER PRONE NUMBER TELECOPIER PHONE NUMBER MESSAGE: � ,.. � --� S.,a IMPORTANT IF YOU HAVE NOT RECEIVED ALL PAGES, IMMEDIATELY CALL: (561) 627 -2900, EXTENSION -�), L(o 4200 Hood Road. Palm $aach Gard^ Florida 33410 -1810 Phone: Customer Service (361) 627 -29201 Execudv-c Office (361) 627-29001 FAX N (561) 624 -2819 low Seacoast Utility Authority EXECUTIVE OFFICE May 3, 2000 VIA FAX: 799 -4281 Ms. Bahareh Keshavarz Planning and Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Golf Estates Villas - Rear Setback Waiver Dear Ms. Keshavarz: We offer the following comment on your transmittal dated April 28, 2000 concerning the referenced project. The applicant needs to show the proposed setback distance from the screened enclosures to the platted utility easement and to depict existing utilities located in that easement. Please call if you require additional information. Sincerely, S COAST UT1 � AUTHORTI'Y Bruce Gregg Director of Operations ad cc: R. Bishop S. Donahue 1. Lance is S. Serra 4200 Hood Road, Palm Beach Gardens, Florlda 33410 -2174 Mailing address; P.O. Box 109W2 Palm Beach Gardens. Flanda 33410 -9602 :� ► LQ u G I � 0 • PLANNING & ZONING DEPARTMENT LETTER OF TRANSMITTAL DATE: April 28, 2000 Mr.Sean Donahue Lindahl, Browning, Ferrari & Hellstrom, Inc. TO: City Engineers cc: Jack Hanson Bruce Gregg, Seacoast Utility Authority City Clerk(for the County Property Appraiser) IRE: MISC -00 -05 Golf Estate Villas Rear Setbacks Waiver We are sending you attached the following items: Plans O Copy of Letter O Other: # of Copies 1 Description Site Plan, Landscape Plan, Elevations These are transmitted as checked below: o For Approval o Approved as Submitted o For Your Use o Approved as Noted o As Requested o Returned for Corrections For Review and Comment o Other: �RAma-vks: Please respond within 7 days. Think you. Signed: Bahareh Keshavarz growth 6 c \transmit.fzm ��r��t T D M INC. is 8735 NORTH VIRGINIA AVENUE PALM BEACH GARDENS, FLORIDA 33418 (561) 626 -0012 (561) 625 -0509 FAX March 21, 2000 City of Palm Beach Gardens ATTN: Growth Management 10500 N. Military Trail Palm Beach Gardens, FL. 33410 RE: Amendment to PUD Dear Ms. Keshavarz I would like to request a' Waiver" of the rear building setbacks for the purpose of M adding screen enclosures at Golf Estate Villa's. These 8 X 20 patios have a 6-ft high privacy wall between them and the footer was done during construction. The screen enclosures are to be manufactured out of white metal framing and smoked mesh screening. The Architect's rendering is enclosed. Thank you in advance for your time as several prospects (under contract) have expressed their desire to screen in the patio. Should you haie any questions or concerns, please call me (561) 309 -3000. . Porten III /('zy �,o `1% .' ,y4 �a \�� IoNiq�Q �•= j.12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 29, 2000 Date Prepared: June 5, 2000 SUBJECT /AGENDA ITEM: First Reading: Ordinance 21, 2000 - Hibiscus Restaurant PUD Amendment to Allow Outdoor Seating RECOMMENDATION: Staff recommends approval of Ordinance 21, 2000, which contains conditions of approval. Growth Management Director I Affected parties I Budget Acct. #:: Approved by: City Manager REQUEST: [ ] Nottfied [ x ] Not required [ ] None Attorney Lawrence W. Smith, agent for PGA - Summers Associates, is requesting an amendment to the development order to allow outdoor seating with service for the Hibiscus Restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E) BACKGROUND City Council approved a Planned Unit Development for the construction of a 395 -seat restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance 11, 1995. Since that time, the development order for this project has been amended four times. Ordinance 11, 1997, granted a two -year time extension for the construction of the restaurant, which was completed in March of 1999. The site plan and landscape plan were amended by the 1 �3 Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attomey Growth Management [ ) Finance / $ [ ] Approved wt con dmons ACM ' Current FY [ ]Denied Human Res NA Funding Source: [ ]Continued to: Advertised: Other NA Date [ ] Operating Attachments: Proposed Ordinance 21, 2000 G Paper [ ] Other Ordinance 11, 1995 Ordinance 11, 1997 Location Map Submitted by: [ x ] Not Required Site Plan Fire Dept Memo PBC Commissioner Memo Attorney Rossow Letter Code Section 118 - 311 - Outdoor Seating Growth Management Director I Affected parties I Budget Acct. #:: Approved by: City Manager REQUEST: [ ] Nottfied [ x ] Not required [ ] None Attorney Lawrence W. Smith, agent for PGA - Summers Associates, is requesting an amendment to the development order to allow outdoor seating with service for the Hibiscus Restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E) BACKGROUND City Council approved a Planned Unit Development for the construction of a 395 -seat restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance 11, 1995. Since that time, the development order for this project has been amended four times. Ordinance 11, 1997, granted a two -year time extension for the construction of the restaurant, which was completed in March of 1999. The site plan and landscape plan were amended by the 1 �3 • 11 City Council Meeting Date:June 29, 2000 Date Prepared: June 5, 2000 Petition: MISC -00 -02 adoption of Ordinance 37, 1997; and the landscape plan, exterior color change, and wall sign colors were amended by the adoption of Ordinance 19, 1998. An administrative approval in March 1998 allowed a stairway addition to the north elevation of the restaurant. LAND USE & ZONING The subject site is zoned PUD with an underlying zoning of Professional Office (PO). The property lies within the PGA Corridor Overlay District. The original application for this site (The Bridge Center) featured a two -story office building and a restaurant. The final approval, however, eliminated the office building and retained the restaurant. The future land -use designation is Commercial and is listed as Commercial on the Vision Plan. For a complete listing of adjacent uses, land -use designations, and zoning districts, see Table 1 below. TARUP 1 _ CnnF, COMPIJANCR AND SITE ANALYSIS EXISTI'NG" USE .�,:, �„ ZONING �. ' _ =LAND USE Y Subject Property: Professional Office Commercial Hibiscus Restaurant PUD w/PUD overlay C North: Residential Medium Residential Medium Palm Beach County RM 12 RM Residential South: General Commercial Commercial PGA Boulevard & CG1 C Palm Beach County Panama Hattie's Restaurant East: Professional Office Commercial Professional Office w/PUD overlay C West: General Commercial Commercial Intracoastal Waterway CG1 w/PUD Overlay C Riverhouse Restaurant CONCURRENCY Because no new seats are being added to the restaurant, a determination of concurrency is not • necessary. 2 11� City Council . Meeting Date:June 29, 2000 Date Prepared: June 5, 2000 Petition. MISC -00 -02 PROCEDURE This is a request for outdoor seating at a restaurant in a Planned Unit Development (PUD), which will require an amendment to the development order for this project because the original development order contained a condition forbidding outdoor seating. The request is reviewed by City Staff and members of the Development Review Committee (DRC) who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Planning and Zoning Commission considers the recommendations of the DRC and City Staff, conducts a workshop, holds a public hearing at a subsequent meeting, and then makes a recommendation to the City Council. The City Council shall also review the request and hold a public hearing prior to making a final determination of approval, approval with conditions, or denial. PROJECT DETAILS The petitioner, PGA - Summers Associates, is requesting an amendment to the development order to allow outdoor seating and service on the existing patio adjacent to the Intracoastal Waterway. Outdoor seating is currently forbidden by condition. This site was approved for a 395 -seat restaurant in a Planned Unit Development by Ordinance 11, 1995. Condition No. 1, Section 3 of Ordinance 11, 1995, specifically prohibited outdoor seating at this site. At that time, several residents had expressed concern that the proposed Ale House (a sports bar) would be a noisy establishment. However, the Hibiscus Restaurant, an upscale dining establishment, was approved for construction in place of the Ale House, with the adoption of Ordinances 11 and 37, 1997. Please note that all original conditions of the Development Order (Ordinance 11, 1995) will be continued, as amended, and will remain in effect and unchanged with this request, including Conditions 14 and 15. Condition 14 states, "Entertainment, music or loud speakers shall not be permitted on the outside of the building. If entertainment occurs inside the building, all windows and doors shall remain closed." Condition 15 states, "Sounds emanating from the restaurant site shall not exceed the standards set forth in Section 159.078 entitled "Performance Standards ", of the City's Code of Ordinances, as amended." (Section 159.078 has been renumbered Section 118.299 in the present -day City Code.) The site plan approved per Ordinance 37, 1997, allowed 395 seats in the restaurant (265 on the first floor and 130 on the second floor). The applicant proposes to place 13 tables for seating 52 patrons on the patio. Fifty -two of the existing seats in the first -floor restaurant will be relocated to the patio area. No additional seating is being requested. No additional parking will be required since the total • number of seats will not change, but simply be relocated to the outside patio. 3 JJE City Council Meeting Date: July 6, 2000 Date Prepared: June 1, 2000 Petition MISC -00 -02 Regarding handicap access to the patio seating, the main indoor dining area is flush with the patio level on which the proposed patio seating is located. There is direct access from the main dining area to the patio, as shown on the site plan dated March 29, 2000. The existing outdoor lighting will not be changed. COMMENTS PROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Fire Department The Fire Rescue Department has reviewed this petition and has no adverse comments or concerns at this time. To date, no objections or other comments have been received from other members of the Development Review Committee. 0 PLANNING AND ZONING COMMISSION COMMENTS Workshop Meeting of April 25, 2000: The Planning and Zoning Commission held a workshop to discuss this petition at its meeting of April 25, 2000. The agent, Attorney Lawrence Smith, answered questions from the Commission and explained that a concrete wall had been erected between the restaurant site and the neighboring properties when the site was developed. He further stated that two conditions regarding noise level from the original approval would still apply: (1) that the noise level must be maintained to that required by code; (2) that no music or entertainment could take place outside; and (3) that the doors must be kept closed if there was music or entertainment inside. Mr. Smith also explained that the outdoor seating was needed to provide a staging area for diners waiting for their meal and that 52 permanent seats would be moved from the inside to the outside patio area as shown on the plan. There were no significant comments or concerns from the Commission. Public Hearing of May 23, 2000: The Planning and Zoning Commission held a public hearing on May 23, 2000, where it was reported that letters of opposition had been received from an attorney representing nearby homeowners and from County Commissioner Karen Marcus. 10 The agent, Attorney Lawrence Smith, explained that Flagler Systems, who also operates the Breakers Hotel, was interested in obtaining this restaurant and that outdoor seating was important to them. Mr. Smith again reviewed other conditions of the original development order that would remain in 11(0 4 City Council Meeting Date- July 6, 2000 Date Prepared: June 1, 2000 Petition MISC -00 -02 effect, including no outside entertainment, keeping windows and doors closed, and keeping the noise level down to code requirements. During the public hearing portion of the meeting, four neighboring property owners expressed their opposition to the outdoor seating because of potential noise problems, their being visible to the restaurant patrons when using their yard and dock, and the possibility that property values would be affected. Other comments pertained to being able to hear restaurant staff conversing on the other side of the wall,'and that light shields and shrubs needed to be installed. Mr. Smith commented that people living in Florida liked to dine on the water, and it was natural for the restaurant to want to seat their patrons on the water. He further stated he was not taking lightly the neighbors' concerns; however, he believed there were adequate safeguards in the development order. The Commissioners commented the restaurant had not made a compelling argument as to why the tables should be moved outside, and the neighbors had the right to enjoy their property. There was a concern that the noise risk had not been properly addressed. Other comments by the Commissioners included it was unfair at this stage to permit the outdoor seating, since a decision had been made in the past to not allow it, and the applicant should have tried to demonstrate to the satisfaction of the neighbors that it was possible to have outdoor seating without creating a disturbance. The Planning and Zoning Commission voted unanimously 5 -0 to recommend to City Council denial of Petition MISC -00 -02 at this time, but without prejudice for the petitioner to come back at a later date. COMMENTS FROM THE PUBLIC Attached is a letter dated May 10, 2000, from Attorney Gerald Z. Rossow who states he represents parties (it has not been established how many) within 500 feet of this project who are opposed to any change to the original development order that would allow outdoor seating. There are 73 property owners within 500 feet of this project who were notified of the public hearing before the Planning and Zoning Commission. Four property owners spoke at the Planning and Zoning Commission public hearing on May 23, 2000, in opposition to the outdoor seating. Also attached is a letter of opposition from Palm Beach County Commissioner Karen Marcus who states she is opposed since outdoor seating was specifically prohibited by the City Council when the restaurant was approved in 1995. Further, Commissioner Marcus believes the outdoor seating will generate noise, and that the adjacent residents will lose their privacy, and the noise will be an infringement on their quality of life. 0 CITY CODE REQUIREMENTS Section 118 -311, Outdoor Seating, of the City Code was adopted by City Council per Ordinance 5, 5 (17 City Council Meeting Date: July 6, 2000 Date Prepared: June 1, 2000 Petition MISC -00 -02 1998, on May 7, 1998, and permits outdoor seating as an accessory use to a building in which a restaurant, lounge, hotel, or other commercial business, establishment, or institution is operated, provided the following conditions are met: 1. The outdoor seating is adjacent to, and has direct access through a doorway to, that portion of the restaurant located inside the building. 2. The outdoor seating is located on property that is either owned or leased by the adjacent restaurant. 3. The outdoor seating can be accommodated without impeding the access of the general public, including persons with disabilities. 4. The outdoor seating can be accommodated without creating a need for additional parking spaces that could not be provided on the same site as the building for which the outdoor seating would be an accessory use. 5. A walkway of at least six (6) feet shall be provided between tables. 6. Outdoor seating shall not be located on any sidewalk, passageway, or other property adjacent to any other business. 7. Outdoor seating shall not occupy any area designated for parking. 8. Outdoor seating shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to it any sign, lettering, or advertising of any kind, except for menu boards and small labels permanently affixed to the furnishings in order to identify ownership for security purposes. 9. Outdoor seating shall be stored in a secure manner whenever the restaurant is closed to the public. 10. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday, and between 11:00 p.m. and 7:00 am. from Friday through Saturday. 11. Outdoor seating areas shall be in compliance with the City's noise regulations. Please see attached Section 118 -311, Outdoor Seating, of the City Code for complete details of this ordinance. n City Council Meeting Date: July 6, 2000 Date Prepared: June 1, 2000 Petition MISC -00 -02 STAFF RECOMMENDATION: Ordinance 5, 1998, was adopted by City Council on May 7, 1998, which sets out the requirements for outdoor seating. This restaurant meets these conditions and circumstances. Therefore, the addition of outdoor seating is appropriate, provided Condition No. 1 of the original development order (Ordinance 11, 1995) is amended by City Council to allow outdoor seating. Staff recommends approval, with conditions as noted below, of Petition MISC -00 -02 based on the Code requirements in Section 118 -311, of the City's Code of Ordinances. Conditions of Approval 1. Condition No. 1 of Ordinance 11, 1995, shall be repealed in its entirety and replaced with the following condition: Outdoor seating and /or service shall be allowed only on the westernmost patio adjacent to the waterway, but shall not be allowed for any vessel docked on the Intracoastal waterway. This provision shall not preclude service on the patio or in the restaurant to patrons arriving by boat. 2. All conditions of Section 118 -311, Outdoor Seating, of the City Code shall be applicable. 3. All existing ordinances and resolutions for this project shall remain in full force and effect unless specifically modified herein. 4. The outdoor seating areas shall be in compliance with the City's Noise Ordinance regulations. 5. The outdoor seating shall not exceed 13 tables for seating 52 patrons. 6. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. Attachments g/shoriM[SC0002 s*c1s,,eadmg jh 7 • June 7, 2000 ORDINANCE 21, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS "HIBISCUS RESTAURANT" (FORMERLY BRIDGE CENTER PUD) LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, AS ORIGINALLY APPROVED BY ORDINANCE 11, 1995, TO ALLOW OUTDOOR SEATING AND SERVICE ADJACENT TO THE WATERWAY; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of a 395 -seat restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance 11, 1995; and WHEREAS, the City has received a petition from PGA - Summers Associates to amend Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, by repealing and replacing Condition No. 1 in Section 3 of Ordinance 11, 1995 to allow outdoor seating and service; and WHEREAS, the petition is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, to allow outdoor seating and service at the Hibiscus Restaurant. SECTION 2. Said amendment to the Planned Unit Development is hereby approved subject to the following conditions that shall be the responsibility of the applicant, its successors and/or assigns: 1. Condition No. 1 of Ordinance 11, 1995, shall be repealed in its entirety and replaced with the following condition: "Outdoor seating and /or service shall be allowed only on the westernmost patio adjacent to the waterway, but shall not be allowed for any vessel docked on the Intracoastal waterway. This provision shall not preclude service on the patio or in the restaurant to' ND patrons arriving by boat. " 2. All conditions of Section 118 -311, Outdoor Seating, of the City Code shall be applicable. 3. All existing ordinances and resolutions concerning this project shall remain in full force and effect unless specifically modified herein. 4. The outdoor seating areas shall be in compliance with the City's Noise Ordinance regulations. 5. The outdoor seating shall not exceed 13 tables for seating 52 patrons. 6. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be require SECTION 3. This outdoor seating amendment shall be in compliance with the following plan on file with the City's Growth Management Department. This plan shall supercede the plan with the same title approved by Ordinance 11, 1995 (all other plans remain unchanged): 1. May 23, 2000, Site Plan for The Hibiscus Restaurant, by Michael Redd & Associates, P.A., 1 sheet. SECTION 4. This approval expressly incorporates and is contingent upon representations made by the applicant or applicant's agents at all workshops or public hearings pertaining to this proj ect. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. SECTION 6. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 7. This Ordinance shall be effective upon date of adoption. PLACED ON FIRST READING THIS 29'}' DAY OF JUNE 2000. PLACE ON SECOND READING THIS PASSED AND ADOPTED THIS • DAY OF DAY OF 2000. 2000. 10 MAYOR JOSEPH RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD Im CITY CLERK MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK g short range MISC0002 ord jh • COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CITY ATTORNEY AYE NAY ABSENT Iq7 The Fire Rescue Department has reviewed the above referenced petition and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please do not hesitate to contact me if you have any questions. • • ii; • is GERALD Z. ROSSOW Lawyer 4400 PGA Boulevard, Suite 700 Palm Beach Gardens, Florida 33410 TA +561.630.0335 Fax +561.6243709 f 1 May 10, 2000 8 Ms. Jackie Holloman Planning Technician Planning & Zoning Division Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Petition MISC -00 -02 Hibiscus Restaurant Dear Jackie: Enclosed for distribution to each member of the Planning and Zoning Commission is a letter in opposition to granting the amendment requested by the above petition. I ask that this be done days in advance of the Commission's next meeting, which I understand is scheduled for May 23. 1 have included a copy for your office file. Please call me if you have any questions. J�j GERALD Z. ROSSOW Lawyer 4400 PGA Boulevard, Suite 700 Palm Beach Gardens, Florida 33410 TA +561.630.0335 Fax +561.624.3709 TJ -A May 10, 2000 Planning and Zoning Commission �. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re- Petition MISC -00 -02 Hibiscus Restaurant Attn: Chairman and members Ladies and Gentlemen: I represent parties who own property within 500 feet of the PUD for which an amendment has been proposed to permit outdoor seating. We offer the following • comments in opposition to the amendment. Ordinance 11, 1995, applicable and in force as to this restaurant, was approved by the City Council on a 3 -2 vote after a lengthy approval process and often spirited debate by adjacent property owners in opposition to its passage. Despite approval for building a restaurant next to residential property, the City Council was clear in their intention to protect the property rights of the restaurant's neighbors by including in Section 3 of Ordinance 11 some 23 conditions, among them nine conditions on behalf of adjacent property owners that prohibited outside eating and drinking, outside entertainment and closed windows and doors for entertainment within the premises as well as other matters (see conditions 1, 4, 6, 14, 15, 16, 19, 20 and 23). These conditions were carried forth in subsequent ordinances and were applicable to original owner and are applicable to successors, including PGA - Summers Associates. The primary issue here is the right to enjoyment of property by nearby property owners without infringement and not outdoor food service. The existing conditions applicable to the PUD make it so. Applicant bases its claim to outside seating (eating, drinking and entertainment) on Sections 118 -311 of an ordinance relating to outdoor seating enacted years after passage of Ordinance 11, 1995. Petitioner seeks 52 outdoor seats through a general amendment to a development order (ordinance) that includes the 23 conditions cited above. • 1$S This PUD is not subordinate to the more recent ordinance or in any way affected by it because the restrictive conditions of the PUD were already in place and the purpose of the conditions can be distinguished from the general ordinance. Applicant has not met procedural requirements for amendment of the PUD development order as: (1) the number and range of conditions were enacted to protect adjoining property owners; (2) those conditions are in force today as to this particular PUD; and (3) those conditions are not negated by subsequent passage of a general outdoor seating ordinance. Procedurally, applicant must first propose amendments to strike or delete those specific conditions from a standing ordinance that prohibits outdoor seating Any resolution must bear in mind the City Councils' desire to protect the right of nearby owners to enjoy their property. They occupied property there for many years before a restaurant PUD was even contemplated. PGA - Summers Associates was fully aware of the 23 conditions applicable to its PUD before they bought the property. Legal counsel for the owner is the same legal counsel retained by previous owners and other previously proposed occupants. The present owner has occupied the property for quite some time. These facts lead to the question: why now? Perhaps the owner intends to sell, assign or transfer the property to another parry who demands outside seating as a condition of sale. It is reasonable to ask that the City of Palm Beach Gardens establish a way to avoid periodic intrusion into the lives of nearby property owners. Many have resisted unreasonable development demands of PUD owners for years. The answer remains clear. Simply stay with the present PUD conditions as written. truly yours, 1�=� giio�� Gerald Z. Rossow • In *SeF- 118-311. Outdoor seating (a) Applicability. Outdoor seating shall be permitted as an accessory use to a building in which a restaurant, lounge, hotel, or other commercial business, establishment, or institution is operated, provided that: (1) The outdoor seating is adjacent to, and has direct access through a doorway to, that portion of the restaurant, lounge, hotel, or other commercial business, establishment or institution which is inside the building; (2) The outdoor seating is located on property which is either owned or leased by the adjacent restaurant, lounge, hotel, or other commercial business, establishment or institution, or the landlord of such restaurant, lounge, hotel or other commercial business, establishment or institution; (3) The outdoor seating can be accommodated without impeding the access of the general public, inclueina persons with disabilities, to the portion of the restaurant, lounge, hotel or other commercial business, establishment or institution which is located inside the building, or to any other commercial business or other use within the sane 1. building; and ' (4) The outdoor seating can be accommodated without creating a need for additional parking spaces which could not be provided on the same site as the building for which the outdoor seating would be an accessory use or would create a nonconformi.;o status for existing parking provided for such building. (b) Perm_ %tting process.- An applicant for approval • of outdoor "seating may include the proposed outdoor seating as part of an overall application for a development order. or may seek Amendment of an e3dsting development order to allow for outdoor seating, pursuant to the applicable provisions of this Code. Every application involvinig outdoor seating sliall include the following, in addition to and not in place of anything else which may otherwise be required by any other provision of this Code: (1) A-list of the m Armes and addresses of every other occupant of the same building and every, other owner and tenant of property within 500 feet of the property for which outdoor seating is propose2, together with certification thAt a notice was mailed to-each such occupant or owner stating that the applicant has requested approval by the city for outdoor seating. Supp. No. 5 • CD118:152.7 U 118 -311 PALM BEACH GARDENS CODE (2) Asite plan, drawn to scale, which shows at Ieast the building for which outdoor seating will be an accessory use; the location of the restaurant, lounge, hotel, or other commercial business, establishment or institution which will use the outdoor seating the location of the outdoor seating and all related fencing, screening, or diviain_Q materials; the location of any sidewalk -z or other pedestrian walkways or passageways which are adjacent to or will be affected by the outdoor seating, and the location of all existing or additional parking for such building. (3) A copy of the written consent of any person or business who, other than the applicant, owns or leases any property, including any sidewalk or other public pas-cageway, upon which the outdoor seating would be located, which consent shall include indemnifica- tion of the city for any liability for personal injury and property '1a*nage due to the approval or existence of the outdoor seating. , (4) Photographs, renderings, or samples showing the style and color of all furnis ings, menu boards, and fencing, screening, or dividing material to be used for or in conjunction with the outdoor seating. (c) Conditions. Outdoor seating shall comply at all times with the following conditions: (1) Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to every table. (2) Outdoor seating located on a pedestrian walkway which provides access to more than one occupant of a building, as in a shopping center, shall be arranged, when in use, in a manner that maintains a straight passage of not less than six feet in width immediately adjacent to, but not through, the outdoor seating area (3) Outdoor seating of an applicant shall not be located on any sidewalk, passageway, or other property adjacent to any other biaminess. (4) Outdoor seating shall not occupy any area designated for parking. • (5) For uses located in shopping centers or which share a common wall with another use, outdoor seating which is =not located within .an inner court, and which is used for the service of food or beverages of any kind within the outdoor seating area, shall be physically separated and vis»ally distinct from any immediately adjacent public passageway or walkway by means of approved fencing or screening material which is not less than three feet.in height, by_menns of one or more planter boxes and.et4er plant containers, by ink-.na of some other-approved divider, or by any combination of such means, but not including tables, chairs, or other seating. (6) Outdoor seating shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to it any sign, lettering, or adver!?sinp of any kind, except for menu boards and small labels permanently affixed to the furnishings in order to identify ownership for security purposes. (7) Outdoor seating shall be stored in a secure manner, whenever the restaurant, lounge, hotel, or other commercial business, establishment or institution using it is closed to the public. Supp. No. 6 CD118:152Z �$ 10 • • ZONING § 118,347 (d) Limitations on use. Except for outdoor seating located in an inner court: (1) All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday, and between 11:00 p.m. and 7:00 am. from Friday through Saturday. (2) Outdoor seating areas shall be in compliance with the cites noise regulations. (e) Parking requirements Outdoor seating which increases the total n—ber of seats available at a restaurant, lounge, hotel, or other commercial business for the service of food or beverages of any kind shall be considered an expansion of use which requires additional parking, and such' outdoor seating shall be included in any calculation of the total number of seats provided by the restaurant, lounge, hotel, or other commercial business. (Ord. No. 54998, § 4, 54-98) l j ORDINANCE 11, 1995 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A PLANNED UNIT DEVELOPMENT FOR THE CONSTRUCTION OF A RESTAURANT BUILDING ON A 2.946 ACRE SITE LOCATED GENERALLY AT THE NORTHWEST CORNER OF PGA BOULEVARD AND r- T- T.ISON WILSON ROAD;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received an application for a Planned Unit Development; and WHEREAS, the proposed Planned Unit Development is consistent with the City's Comprehensive Plan, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTXON 1. The City Council of the City of Palm Beach • Gardens hereby approves a Planned Unit Development for the construction of a restaurant building on a 2.946 acre site located generally at the northwest corner of PGA Boulevard and Ellison Wilson Road (site of the former "Bridge Center" PUD). SECTZON,2., The development of the Planned Unit Development shall be in accordance with the plans on file with the City's Planning and Zoning Department. However, the approval of the plans herein shall not be construed to be an approval of the signage. 1. August 20, 1995 Site Plan of 2.639 -acre Parcel by Team Plan, Inc. Sheet 1 of 7. 2. August 20, 1995 Site Plan of 0.307 -acre Parcel by Team Plan, Inc. Sheet 2 of 7. 3. August 20, 1995 Landscape Plan of 2.639 -acre Parcel by Team 0 Plan, Inc. Sheet 3 of 7. 190 4. August 20, 1995 Landscape Plan of 0.307 -acre Parcel by Team Plan, Inc. Sheet 4 of 7. 5. August 20, 1995 Irrigation/ Lighting Plan of 2.639 -acre Parcel by Team Plan, Inc. Sheet 5 of 7. 6. August 20, 1995 Irrigation/ Lighting Plan of 0.307 -acre Parcel by Team Plan, Inc. Sheet 6 of 7. 7. July 21, 1995 Details Plan by Team Plan, Inc. Sheet 7 of 7. 8. August 23, 1995 First and Second Floor Plans by Florida Design Professionals, Inc. Sheet A2. 9. August 23, 1995 Exterior Elevations Plan by Florida Design Professionals, Inc. Sheet A3. SECTION.3... The following conditions shall also apply: 1. Outdoor seating and /or service shall not be allowed on or adjacent to the waterway, which shall include seating . and /or service on any vessel docked on the intracoastal waterway. This provision shall not preclude service in the restaurant to patrons arriving by boat. 2. No more than 3I seats shall be allowed on the first floor and 01 seats allowed on the second floor of-the restaurant, plus or minus 15 seats between floors. �lr 3. The first floor and second floor dining areas shall operate in the capacity as one restaurant. 4. Outdoor seating, assembly or food service shall not be allowed on any of the balconies of the restaurant building. However, this provision does not preclude access to the west balcony from the office for limited periods of time not to exceed one half hour and emergency purposes. 5. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. 6. The restaurant shall comply with the parking requirements as set forth in Section 159.110(F) entitled, "Number of Parking Spaces Required ", of the City's Land Development Regulations. If the operations of the restaurant has an adverse impact on the off - street parking in the adjacent residential neighborhoods, the City shall monitor the 0 seating and employee ratios of the restaurant to determine compliance with said section. n M • • L' 7. Prior to the issuance of the first building permit, a signed and sealed boundary survey and horizontal control sheet shall be submitted identifying the envelopes of all proposed buildings in proximity to the existing utility and maintenance easements of record with written approval from the utility companies. 8. Prior to the issuance of the first building Certificate of Occupancy, a plat of the subject property shall be recorded. Written approval of the Plat shall be obtained by the utility companies prior to submission of the Plat for Council approval. 9. Smith Drive shall be paved (to Palm Beach County standards) from Ellison Wilson Road to the eastern property line of the 0.307 -acre tract, completed and open to the public prior to the issuance of the Certificate of Occupancy for the restaurant. 10. The improvements to Ellison Wilson Road shall be completed and open to the public prior to the issuance of the Certificate of Occupancy for the restaurant. 11. Prior to the issuance of the first building permit, a a permit shall be submitted to the City to enable the City (as the applicant) to obtain a permit from the Florida Department of Transportation for the proposed landscaping within the 10 -foot maintenance easement along PGA Boulevard. It shall be the property owners' obligation to maintain the landscaping within the 10 • foot maintenance easement in perpetuity. 12. Prior to the issuance of the first building permit, all permits shall be submitted to the City from all applicable regulatory agencies for the construction of the seawall. 13. Prior to the issuance of the certificate of occupancy, all permits shall be submitted to the City from all applicable regulatory agencies to utilize the docks for public /commercial purposes. 14. Entertainment, music or loud speakers shall not be permitted on the outside of the building. If entertainment occurs inside the building, all windows and doors shall remain closed. 15. Sounds emanating from the restaurant site shall not exceed the standards set forth in Section 159.078 entitled "Performance Standards", of the City's Code of Ordinances, as amended. 16. All windows on the second floor office as shown on the north elevation shall be of obscure glass or glass I q 2- • block. All windows on the north elevation shall be non - operable. 17. All roof- mounted equipment shall be screened from line of sight view. is. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City or the City shall have the work done at the owner's expense. 19. Construction of walls between the site and the adjacent residential neighborhoods shall commence on or before the commencement of construction requiring earth moving equipment other than for the construction of the walls of any other portion of the development. Construction of the wall to its full height shall be completed prior to the commencement of any site work which generates excessive dust and noise. 20. No deliveries to the restaurant shall occur prior to 7:00 a.m. or after 7:00 p.m. 21. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infrastructure including the common and project landscaping /buffer and entry feature. 22. The applicant shall convey to Palm Beach County seven (7) feet of additional right -of -way on the east side of Ellison Wilson Road at the employee parking lot and shall provide a 15 -foot corner clip view easement at the southeast corner of the Smith Drive and Ellison Wilson Road prior to the issuance of the first building permit for the project. 23. All windows and doors shall be closed by 12:00 P.M. Midnight and the hours of operation of the restaurant shall cease operation on or before 2:00 A.M. 24. Petitioner shall return to the City Council for approval of the sign package. AECTTON 4. The planned unit development shall be completed by Decemher 31, 1996. SECTION 5, All Ordinances or parts of Ordinances in conflict 0 herewith shall be repealed. I q 3 PLACED ON FIRST READING THIS DAY • PLACED ON SECOND READING THIS DAy PASSED AND ADOPTED TIJIS _ / _ DAY OF 0 • VICE MAYOR R. RUSSO FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 1995. 1995. 5. COUNCILMEMBER DAVID CLARK APPROVED AS TO LEGAL AND LEGAL SUFFICIENCY 4H�OMAS J. B CITY TORNEY III ORDINANCE 11, 1997 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO "THE BRIDGE CENTER" PLANNED UNIT DEVELOPMENT TO ALLOW FOR A TIME EXTENSION TO CONSTRUCT A 14,945 SQUARE FOOT RESTAURANT AND 4,000 SQUARE FEET OF OFFICE SPACE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens previously approved "The Bridge Center" Planned Unit Development by Ordinance 12, 1986, which approval was subsequently amended by Ordinance 27, 1991; WHEREAS, a one -year time extension for "The Bridge Center" PUD was approved by the City Council by Resolution 85, 1992 and an additional one year time extension was approved by the City Council by Resolution 18, 1994; 0 WHEREAS, the approval of "The Bridge Center" PUD, as amended and extended, did expire; WHEREAS, the "Bridge Center" Planned Unit Development was approved by the City Council by Ordinance 11, 1995; WHEREAS, the City has received a petition for a two year time extension to construct a 14,945 square foot restaurant and 4,000 square feet of office space; WHEREAS the City's Planning and Zoning staff has reviewed the petition and recommends approval for a time extension; and WHEREAS, the City council has determined that the proposed petition to amend the Planned Unit Development is consistent with the City's Comprehensive Plan. • Iq5 ORDINANCE It. 1997 PAGE 2 C�-1 • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: .SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves a time extension for two years for the development of "The Bridge Center" Planned Unit Development on the northwest comer of PGA Boulevard and Ellison Wilson Road and the southeast corner of Ellison Wilson Road and Smith Drive. SECTION 2. This approval is based upon the petitioner's compliance with the following conditions of approval: 1. All conditions of the Development Order and the Site Plan Approval shall continue as amended, with this time extension approval. 2. Employees shall be required to park in the lot across the street. 3. Prior to the issuance of the Certificate of Occupancy, a northbound left turn lane on Ellison Wilson Road leading into the project shall be constructed. 4. All applicable impact and inspection fees shall be provided to the City prior to the issuance of the first built ing permit. SECT71ON 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS AY OF. MARCH _ _.1997. PLACED ON SECOND READING DAY OF 1997. PASSED AND THIS /7 AY OF 1997. M R. RUSSO VICE MAYOR LAUREN FURTADO t LINDA MONROE M, ORDINANCE 11, 1997 PAGE 3 0 ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: AYE ✓ MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK • is NAY ABSENT r M 10 ORDINANCE 37, 1997 Jk ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING IN PART AN AMENDMENT TO "THE BRIDGE CENTER" PLANNED UNIT DEVELOPMENT TO ALLOW FOR ELEVATION, LANDSCAPING AND BUILDING FOOTPRINT MODIFICATIONS IN ORDER TO CONSTRUCT A 18,170 SQUARE FOOT RESTAURANT AT THE NORTHWEST CORNER OF ELLISON WILSON ROAD AND PGA BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Citv of Palm Beach Gardens received a petition to amend The Bridge Center Planned [.snit Development located on 3.01 acres at the northeast corner of Ellison Wilson Road and PGA Boulevard and the southeast corner of Ellison Wilson Road and Smith Drive; WHEREAS. the Growth Management Department has reviewed said petition and determined that it is sufficient; and WHEREAS, the requested amendment is consistent with the City's Comprehensive Land Ilse Plan NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA- SECTION 1 _ The City Council of the City of Palm Beach Gardens, Florida, hereby approves in tsart the petition to amend "The Bridge Center' Planned Unit Development to allow for elevation, landscaping and building footprint modifications for the construction of a 18,170 square foot restaurant SECTION, ? Said Planned Unit Development amendment is approved subject to the followim, condition Ail conditions of the Development Order and the Site Plan Approval contained in Ordinance I l . 1995 shall continue as amended. SECTION 3 Construction of the said amended Planned Unit Development shall be in accordance with the following plan on file with the City's Growth Management Department: i BE I August l 1, 1997 Site Plan by Robert Currie Partnership, Inc. Sheet A1.00 2 May 30, 1997 Floor Plan by Robert Currie Partnership, Inc. Sheets A2.00 and A2 01. 3. May n, 1997 and April 23, 1997 Elevations by Robert Currie Partnership, Inc. Sheets A3 00 and A3.01 _ 4. July 25, 1997 Landscape Plan by TeamPlan, Inc. Sheets LP -1 and LP -2. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF . .1997. PLACED ON SECOND READING THIS -elf DAY OF �_ ��' , 1997. PASSED AND ADOPTED THIS DAY OF N I , 1997 M Y �SEPI-I R. RUSSO is VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABIAN COUNCILMAN CLARK iOrdinance 37, 1997 Page 2 XE LINDA MONROE ILM RIB JABLIN MUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT v� s. tai' n r R �+ '' x ,,F F i h 9 1 I. r gg-�. .,K +rs M t era r'�J ti; Y, *fib -l'M '� _� i x- y' Y' 1 3 t t i •t i` y t .. c ' tL r _Y x, d ~ ` !a`L -r •-+' ✓ !.n }y.` i+ v`' j r ;° f /i F t t A 'il :- `. _ 4- " v, f �. .0 ����N aiY� � M1N' " r ...+ ;`Ii t .r a i Fa.f t t,,, rt '1r f. a fVsyi F 3 q Nf. �._ w :t' ,, p - p' f , F' atR7 ¢A r tt a p 5- i ar y v . ,, ,�..� u', 'J i }� }� j t, >< •ti y a J FF �1 .v�t`j' y ". Y 5 �Ot,, a� LTG• 7 z, a4 � ��' ✓ t �. "'�: t�a s. ,. y,, M`F "4E i A Y.` } ij.\ { t i. 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'1 'R. �_' ...1 . _ +:. • ' X. °'�^� yyF"' c.. ..c,r.•�• e A,:. ' z i `fit 5�,� "S. 'F "C � _ >1� �.1 V•• �,`'� uJ'�K,wA'� f'• - .`L._ X f_ '•"� �: at .3,,.. �,s ;_ � .� -rte,,. 7 _ sc*" ,� £ .. O ti' � '. �'� � �� '/� � .Z •' .Y.' tl�'�'� }�`• ? - tea• s g�� 1�-• :�w4�?�g'y e- �1.��t.�'1S t•�3�. jr � ,�,;. J X. . illec tic n t ec�tr}tF.ro� Y5 xy C 'or the po %nded, r! features of elegant design, light -diness and the stackability of 12 for w Bistrosi and • ', j s� '��c+t It Rml! � X5.'3Y • is CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 06/15/00 Meeting Date: 06/29/00 Subject/Agenda Item Ordinance 23, 2000, Revising the Police, Pension Retirement Plan. Recommendation /Motion: Consider a motion to approve Ordinance 23, 2000 on first reading. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attome Finance [ J Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ J Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson YK6 Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. 2 0�) D CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: June 15, 2000 APPROVED: Nabar E. Martinez, City Manage FROM: Kent R. Olson, Finance Director KRb SUBJECT:. Ordinance 23, 2000 - Police Pension Retirement Plan Revisions BACKGROUND The State Legislature passed and Governor Bush signed into law BB 261, which provided for several changes in the State Statutes regarding Police Pension plans. The Police Pension Board has completed an analysis of the existing plan and has offered amendments to bring the Plan into compliance with the new law in Ordinance 23, 2000. DISCUSSION SThe passage of HB 261 requires that several minor changes are required to bring our Plan into compliance with State law. These include changes for re- employment, treatment of military duty, updating investment options, disability presumptions and other small changes which will not affect the funding requirements for the Plan. The Plans were required to be in compliance by the end of 1999, thus the effective date of the Ordinance is retroactive to December 31, 1999. Ordinance 23, 2000 will bring our Police Pension Retirement Plan into compliance with State Statutes. These changes to the Plan will not have a cost impact upon the City. RECOMMENDATION Staff recommends approval of Ordinance 23, 2000 on first reading, providing for changes to the Police Pension Retirement Plan. • 201 10 June 19, 2000 ORDINANCE 23, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ARTICLE III OF THE PALM BEACH GARDENS CODE, ENTITLED "POLICE OFFICERS' RETIREMENT TRUST FUND;" AMENDING THE OPTIONAL FORMS OF BENEFITS; ADDING A NEW SECTION PROVIDING FOR PENALTIES FOR MAKING A FALSE OR MISLEADING STATEMENT IN ORDER TO OBTAIN BENEFITS; PROVIDING ,FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Chapter 185 providing for municipal police officer pensions has been revised to require all municipal police officer funds who receive the premium excise monies from Chapter 185 to provide certain minimum benefits; WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest • of the Participants and Beneficiaries of the Fund to provide for the minimum benefits in accordance with the law; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, desires to revise its Police Officers' Pension Ordinance in order to implement these minimum benefits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 50 -121 of Article III Chapter 50 of the City of Palm Beach Gardens Code is hereby amended as follows: Section 50 -121. Optional forms of benefits. (a) Each member entitled to a normal, disability, or early retirement benefit shall have the right at any time prior to the date on which the benefit begins to elect to have the benefit payable under any of the options hereinafter set forth in lieu of the benefits provided above, and to revoke any such elections and make a new election at any time prior to the actual commencement of payment. A police officer may not make any change in retirement option after the date of cashing or depositing the first retirement check. 2vs i (b) The value of optional benefits shall be the actuarial equivalent of the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to 50 percent of the total present value of payments to the retiring member and his beneficiary. The member shall make an election by written request to the board, such request being retained on the board's files. The options available to the members of the fund are as follows: (1) Contingent annuitant (joint and survivor option). The member may elect to receive a benefit during his lifetime and have such a benefit (100 percent or 75 percent or 66 2/3 percent or 50 percent of such monthly benefit) continued after his death to and during the lifetime of his spouse or relative other that his spouse. The election of option 1 shall be null and void if the designated beneficiary dies before the member's payments commence. SECTION 2. A new section 50 -133 is hereby added to Article III Chapter 50 of the City of Palm Beach Gardens Code as follows: Section 50 -133 False or misleading statements made to obtain retirement benefits prohibited. (a) ._ It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or, cause to be made , any false , fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit under this plan. (b) (1) A person who violates subparagraph (a) commits a misdemeanor of the first degree, punishable as provided in Florida Statutes 775.082 or 775.083. (1) In addition to any applicable criminal penalty, upon conviction for a violation described in subparagraph (a), a participant or beneficiary of this plan may. in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this plan. For purposes of this sub - subparagraph, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for W4 • any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. SECTION 4. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION 5. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. This Ordinance shall be effective retroactive to December 31, 1999. PASSED ON FIRST READING THIS DAY OF 2000. PASSED AND ADOPTED ON SECOND READING THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: BY: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE 3 NAY ABSENT 207 10 0 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: Subject/Agenda Item Ordinance 24, 2000, Levying a Public Service Tax (Utility Tax). Recommendation /Motion: Consider a motion to approve Ordinance 24, 2000 on first reading. 06/19/00 06/29/00 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attom y Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ ]Operating Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson KPR IV) Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. M TO: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and City Council APPROVED: Nabar E. Martinez, City Manager FROM: Kent R. Olson, Finance Director Kr\b DATE: June 19, 2000 SUBJECT: Ordinance 24, 2000 — Public Service Tax (Utility Tax) BACKGROUND The City's proposed FY 2001 Budget includes the implementation of a utility tax for electricity, gas, water and telephone. The State Statute which provides local governments the authority to levy a utility tax describes these as a public service tax. Ordinance 24, 2000, will implement this public service tax on the aforementioned services. DISCUSSION . I have compiled the following information regarding the possible implementation of a 10% utility tax on electric, water and gas (including natural gas and propane) sales as well as a 7% telecommunications service tax. The maximum levy for a utility tax is 10 %. However, the telecommunications tax can be levied on local service only up to a maximum of 10 %, or on all telecommunications providers up to a maximum of 7 %. The implementation of a utility tax will take a minimum of 120 days from the date an ordinance is adopted until the tax is first added to a utility bill. If the City were to adopt an ordinance in August, the soonest implementation date would be January 1, 2001. With a January 1, 2001 implementation, these taxes would raise $4.4 million during the next fiscal year. The Proposed FY2001anticipates an April 1, 2001 implementation that would raise just under $3 million in revenue. Below is a survey of what other taxing bodies in Palm Beach County have levied for utility taxes. Taxing Body Electric Gas Water Telephone Boca Raton 10% 10% 10% 7% Boynton Beach 10% 10% 0% 7% Delray Beach 9.7% 8.7% 0% 7% Juno Beach 10% 8% 0% 7% Jupiter 6% 6% 6% 6% North Palm Beach 9% 9% 0% 6% Palm Beach 10% 10% 10% 7% Palm Beach County 10% 10% 0% 7% Riviera Beach 10% 10% 10% 7% Wellington 10% 10% 0% 7% 201 • • RECOMMENDATION Staff recommends approval of Ordinance 24, 2000 on first reading, providing for the levying of a public service tax on electricity, gas, water and telecommunications services. 210 1* ORDINANCE 24, 2000 Jane 19, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 66 OF THE PALM BEACH GARDENS CODE, ENTITLED "TAXATION"; ADDING A NEW ARTICLE IV ENTITLED "PUBLIC SERVICE TAX "; ADDING A NEW DIVISION 1 ENTITLED "UTILITY TAX" AND DIVISION 2 ENTITLED "TELECOMMUNICATION SERVICE TAX"; ADDING SECTIONS 66 -150 THROUGH 66 -175; LEVYING A 10% PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY, GAS AND WATER; REQUIRING MONTHLY PAYMENT; PROVIDING FOR COLLECTION; PROVIDING FOR EXEMPTIONS; LEVYING A 7% PUBLIC SERVICE TAX ON PURCHASES OF TELECOMMUNICATIONS SERVICES WITHIN THE CITY WHICH ORIGINATE AND TERMINATE IN THE STATE OF FLORIDA; REQUIRING MONTHLY PAYMENT; PROVIDING FOR COLLECTION; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, pursuant to Article VII, section 2(b) of the Constitution of the State of Florida and Chapter 166, Florida Statutes ( "Municipal Home Rule Powers Act "), deems it necessary and proper, and in the best interests of the citizens and residents of the City of Palm Beach Gardens, to levy a 10% public service tax on the purchase of electricity, water, metered or bottled gas, and to levy a 7% telecommunications service tax on the purchase of telecommunications service, as specifically authorized by section 166.231, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1.: The City Council hereby reserves sections 66 -138 through 66 -149 of the City of Palm Beach Gardens Code of Ordinances. SECTION 2.: The City Council hereby adds Article IV to be entitled "Public Service Tax ", to Chapter 66, entitled "Taxation" of the City of Palm Beach Gardens Code of Ordinances, which shall read as follows: ARTICLE IV. PUBLIC SERVICE TAX DIVISION 1. UTILITY TAX 0 See. 66 -150. Tax levied; amount. There is hereby levied and imposed by the city a public service tax upon 2 I I purchases within the municipality of electricity, metered natural gas either metered or bottled, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service at a rate of ten (10 %) percent of the total amount charged. Sec. 66 -151. Payment of tax monthly. The tax levied by section 66 -150 shall, in every case, be paid by the purchaser for the use of the city to the seller of such service at the time of paying the charges therefor to the seller thereof, but not less than monthly. Sec. 66 -152. Collection. (a) When a seller of electricity, metered natural gas either metered or bottled, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be stated separately from governmental charges and taxes, and shall not be levied thereon. (b) The seller, as collection agent for the city, shall collect such public is service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the public service tax to the city in accordance with the provisions hereinafter stated. Any seller who shall fail to collect the tax levied by section 66 -150 at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax in like manner as if it has been actually paid to the seller. (c) Every seller is hereby required to execute and file with the city finance director no later than the twentieth (20`h) day of each calendar month a statement setting forth the amount of such public service tax to which the city became entitled under the provisions hereof on account of bills paid by purchasers during the preceding calendar month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the city. This statement shall identify the name and address of the seller, the period of the statement, the amount collected from the sale of taxable service, any collection allowance taken, the amount of tax remitted with the statement, and the name and telephone number of a person authorized by the seller to respond to inquiries from the city concerning the seller's administration of the tax. Sec. 66 -153. Exemptions. (a) The United States of America, the state, and political subdivisions 21Z and agencies thereof, are hereby exempt from payment of the tax levied by section 66 -150, provided, however, that any governmental body which sell or resells taxable service to non - exempt end users must collect and remit the tax levied under this section. (b) All recognized churches of the state are hereby exempt from the payment of the tax levied in section 66 -150 provided such service is used exclusively for church purposes and such churches have obtained a consumer certificate of exemption pursuant to chapter 212, Florida Statutes. (c) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant of for use in internal combustion engines is exempt from the payment of the tax levied in section 66 -150. Sec. 66 -154. Compensation to seller. For the purpose of compensating the seller of services enumerated in section 66 -150, the seller shall be allowed one (1 %) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and for the collection of, and the remitting of, the tax. Sec. 66 -155. Collecting at monthly intervals. In all cases where the seller collects the price thereof at monthly periods, the tax levied by section 66 -150 may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be rounded to the nearest whole cent of the amount computed. SECTION 3.: The City Council hereby reserves sections 66 -156 through 66 -169 of the City of Palm Beach Gardens Code of Ordinances SECTION 4.: The City Council hereby adds Division 2 to be entitled "Telecommunications Service Tax ", to Chapter 66, entitled "Taxation" of the City of Palm Beach Gardens Code of Ordinances, which shall read as follows: DIVISION 2. TELECOMMUNICATIONS SERVICE TAX • Sec. 66 -170. Tax levied; amount. There is hereby levied and imposed by the City a public service tax upon purchases within the municipality of telecommunications services, as 213 defined in Section 203.012, Florida Statutes, which originate and terminate in this state, at the rate of seven (7 %) percent of the total amount charged for any telecommunications service provided within the city or, if the location of the telecommunications service provided cannot be determined, the total amount billed for such telecommunications service to a telephone or telephone number, a telecommunications number or device, or a customer's billing address located within the city, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. However, those telecommunications services described in Section 203.012(5)(b), Florida Statutes shall be taxed only on the monthly recurring customer service charges excluding variable usage charges. Sec. 66 -171. Payment of tax monthly. The tax levied by section 66 -170 shall, in every case, be paid by the purchaser for the use of the city to the seller of such telecommunication service at the time of paying the charges therefor to the is seller thereof, but not less than monthly. Sec. 66 -172. Collection. (a) When a seller of telecommunications services renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be stated separately from governmental charges and taxes, and shall not be levied thereon. (b) The seller, as collection agent for the city, shall collect such telecommunication service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the telecommunication tax to the city in accordance with the provisions hereinafter stated. Any seller who shall fail to collect the tax levied by section 66 -170 at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax in like manner as if it has been actually paid to the seller. (c) Every seller is hereby required to execute and file with the city finance director no later than the twentieth (20t') day of each month a • statement setting forth the amount of such telecommunication service tax to which the town became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the 4 amount of such telecommunication service tax to the city. This statement shall identify the name and address of the seller, the period of the statement, the amount collected from the sale of taxable service, any collection allowance taken, the amount of tax remitted with the statement, and the name and telephone number of a person authorized by the seller to respond to inquiries from the city concerning the seller's administration of the tax. Sec. 66 -173. Exemptions. (a) The United States of America, the state, and political subdivisions and agencies thereof, are hereby exempt from payment of the tax levied by section 66 -170, provided, however, that any governmental body which sell or resells taxable service to non - exempt end users must collect and remit the tax levied under this section. (b) All recognized churches of the state are hereby exempt from the payment of the tax levied in section 66 -170 provided such service is used exclusively for church purposes and such churches have obtained a consumer certificate of exemption pursuant to chapter 212, Florida Statutes. • (c) Purchases of local telephone service or other telecommunication service for use in the conduct of telecommunication service for hire or otherwise for resale shall be exempted from the payment of the tax imposed by section 66 -170. Sec. 66 -174. Compensation to seller. For the purpose of compensating the seller of services enumerated in section 66 -170, the seller shall be allowed one (1 %) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and for the collection of, and the remitting of, the tax. Sec. 66 -175. Collecting at monthly intervals. In all cases where the seller collects the price thereof at monthly periods, the tax levied by section 66 -170 may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be rounded to the nearest whole cent of the amount computed. . SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not 7-15 • • affect the remainder of this ordinance. SECTION 6. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION 7. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 8. This Ordinance shall become effective January 1, 2001. PASSED ON FIRST READING THIS DAY OF 2000. PASSED AND ADOPTED ON SECOND READING THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: BY: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE ri NAY ABSENT 2 1(0 CITY OF PALM BEACH GARDENS CITY COUNCIL is Agenda Cover Memorandum Date: Meeting Date: • L Subject/Agenda Item PGA Flyover Improvements Recommendation /Motion: Consider a motion to move forward with PGA Flyover improvements. 06/19/00 06/29/00 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorn y Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ]Denied ACM Advertised: Funding Source: [ J Continued to: Attachments: Other Date: [ ] Operating Paper: ( X ] Not Required [ ) Other Memorandum Submitted by: Kent R. Olson�� Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. 2 l � TO: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and City Council APPROVED: Nabar E. Martinez, City Managerpj /39" FROM: Kent R. Olson, Finance Director K9 0 DATE: June 19, 2000 SUBJECT: PGA Flyover Improvements BACKGROUND The City of Palm Beach Gardens has asked the Florida Department of Transportation to include certain improvements for the PGA Boulevard Flyover project scheduled to begin next year. The FDOT has asked the City to provide funding for some of these improvements requested. If the City wishes these improvements to be included in the final specifications, the City must provide FDOT with the needed funds (which will be approximately $2.248 million) no later than October 31, 2000. FDOT would like a decision by the end of June on some of the items and by the end of August for the remaining amenities. DISCUSSION The City must pay for at least some of the amenities to the Florida Department of Transportation on or before October 31, 2000. At the May 18 Regular Council Meeting, the City authorized staff to hire a consultant to establish a special assessment area that will be overlaid with a Tax Increment Financing (TIF) District to fund these improvements. At the June 15 Regular Council Meeting, there was concern expressed by two Councilmembers regarding the funding mechanism for the amenities. The City needs to decide which of the amenities it is willing to commit funding to before June 30, 2000. There were two color tables distributed at the June 15 Regular Council Meeting which described the proposed amenities. Both of these tables are attached to this memorandum. The first four items with a circle by them on Table 1 require a commitment to FDOT by June 30; the last five "circle" items can be decided as late as the end of August. The amenities in Table 1 are broken down in greater detail on the table labeled, "Amenities Breakdown ". The items from the "Main Towers" down through the "Special Planter Walls" are the ones we need to decide on at the June 29 Regular meeting. If the City decides not to fund any of these improvements, FDOT will go back to its basic flyover design for this project. We hope to have FDOT representatives available at the June 29 meeting. is RECOMMENDATION Staff recommends moving forward with the PGA Flyover enhancements. Att. 2 S I* 0 • m c c CO 7� a E 4 (a 1 i `J co 0 0 0 c m 0 U N « ryry n j B w !U 4U-_. = k I C 4= O T3 C3 CO -0 7 o 3 w c c 0 c c C 0 -°� c C, Q N Cr N C (CO d ;C O N 3 I 0 O O O ' it CO O O O C) O O CD O o 0 0 0 o C) 0 0 p w o C! C! o C o o C� C) o O N I r O CO CA N i CO C; 0 In 16 Cd p O N O V It O Cl) i- CD i- M 69 M c7 cQ t M 60 to a% (H V M 69 69 Efi 69 , 69 1.4 y H4 b9 41 Its O O O O O N -T O to O O 10 C) O O ti CD O O O O C C N 10 10 O ti O O O O O t� .- O O_ O j i to r w, 69 M 69 IT 69 to M Q V N i N H � c W W W cD - _j CID tt j r U'l CV r C r r �- L r i D U rn C n ti c m J O O O O O 6�A 0 + 0 c 0 U U 8 rn to j U CO m d a a ) 0) N m Q 7 ] O m m Cl O' Q' v m o CD C> o o o IC) C6 6 C6 69 6R? O CCO N Eli 1-i 69 69 C I' CCl w � J J r r d d E E N La N G m w m E U) II It 11 cli J it I 21l O yl, O V R C V E 7 O r0+ O lC . O - o a 1• A w _ � 0) cc ', f]. H c � to w V CL °' o C) v a L a t o 1° a�i ao E a O +' °o 4) M fA m 0 C - �... m R N C c v c m a C j �m _a _C� ati�i _c"n _o _U)) aJi CL -n. _- w .U- �_v _V) CL _ 4, _V f� a 21l • y (1d Cd V U MM 'a BFI 0 .4J O U N Cd 'd O .T4 CO `d b 44 Cd E"1 a) ca m U w N c 0 < Q m m E a) Q a) > 0 Cca CL co 0 0 0 tT co E9 CA m m U m LL m m N c E O U M c E _7 O COD n (7 O o Lo 69 Co 0 0 V) Cp 69 c L i 7 X 'o c R c a m s U) c E 3 O U m to Co m m O 2 In > m C).. 0 0 0 O m M 69 N CL m a to Q a E m m m ca v O iL- N (0 a a) > m U- v c cu m FL a) > X O m m 0 o' Zzi O Cl) 69 n E m E m m m 6 m O X O 00 m m J n m U r- 0 U CL i9 O m 0 c rn (n () m U) Co 0 r- (D O 69 w N O a m a v c m 0 c O T a m 3 FO- _ m m CL T .0 U a) > 0 n CL Q m O U a) 0 0 0 0 0) M 69 w m !0 C E 3 ad m 0 O Q r w CA t m Z; m r CA N > 0 N Cl) vL c m .c E 3 �u U a) m O. 0 N t0 ti 0 0 0 N O c) 69 W 0) c m > a O 0 m Q m n 3 m U a) CL N O O 6o 0 0 0 00 M co t9 w CD C N a is U m CL 1n 0) c C 3 X w L o y to 0 ci CT co E9 co w c m a V m 0 c !O 2 .0 m 7 K 1! N 3 E O N m m 0. d 0 v C m CQ m U m a 0 0 0 O_ q 69 0 K O m m C to a 1 0 N C O .12 m co C 0 U w cu 0 O U- z b 0 > O CL CL Q m a 0 0 0 O 00 M 69 O v) L .O c m O c .Q m v CA ZS c m J �•1 C O a 0 0 0 Lo 69 _ io 3 O u- t V) U m G 0 Q) O r- 0 m w C 0 r' 0 of 0 LQ M 69 `o 0 v M_ i0 m U) w 'U L, > m n v) C r- 4) CL m U U C m m �U m 0. U) 0 0 0 Cl) 0) 69 to E m _T ea U m CL rn �•1 0 a 0 N 06 m C 7 O W NOLL Y1brJ , LL 0 0 0 O ti N N 0 0 0 0 0 C C C C CO w O O O N 11 CD z EA FR v � 6A iv O F- r rn O U O Z. V 3 O U t: %its Pr. }V�:. Saz -i co O z cc C m E m a CL. 3 a� � as r W C) 0 CL w O to N c m CL m CL c m lC Q. d D t0 O 1- CID Cl C co N O R m R1 ' CL 0 m V 0 s V m m G is 0. 220 • • WATTERSON, S KLETT, P.A. To: Roxanne Manning, Growth Management Direct( cc: Nabar E. Martinez, City Manager Dan McDade, Code Enforcement Officer From: Leonard G. Rubin, City Attorney Subject: Special Master File No: 319.056 Date: June 12, 2000 As you are aware, the City Council enacted an ordinance abolishing the City's Code Enforcement Board and replacing the Board with a Special Master. The ordinance does not become effective, however, until such time as the City Council appoints a Special Master. Dan McDade has indicated that there are a number of matters that must be resolved quickly, and he is unsure whether the Code Enforcement Board would be willing to meet to resolve these items. He has suggested that the City Council consider appointing Kevin Wagner, the former Code Enforcement Board Chairman, to serve as Interim Special Master until a permanent master Is appointed by the Council. I would be willing to raise this item underthe City Attorney Report at thejune 29, 2000 City Council Meeting but wanted your input before I did so. Furthermore, we must figure out how we will go about finding persons interested in the permanent Special Master position. Please contact me so that we may discuss these matters in greater detail. P.1CPW inUilstory1000328A1445.AC(Scw)(3 t 9.056) eay of P8 Gnid�ds AN 16 r� l.Mity IH AONArj 41 Nr Ill 1'A1dI M1,,, 221 WATTERSON, HYLAND & KLETT, P.A. To: Carol Gold, City Clerk From: Leonard G. Rubin, City Attorney e� Subject: City Manager Mid -Year Performance Evaluation File No: 319.058 Date: June 22, 2000 cc: Nabar E. Martinez, City Manager The City Manager's Employment Agreement provides for a mid -year employment evaluation. Specifically, section 6 of the Agreement provides for a $5,000.00 salary increase beginning with the first pay period of the seventh month of the Manager's service if a majority of the City Council determines that the Manager's performance during the first six months has been satisfactory. Because the six month period ends during the first week in July, this matter should be placed on the June 29, 2000, City Council meeting agenda under items for Council action. Should you have any questions relative to the foregoing, please do not hesitate to contact me. PACPWin \History\000208A \443.1 B9(scw)(319.058) • 222 All those wishing to address the City Council i (supply located in back of Council Chambers) to the meeting being called to order. CITY OF PALM BEA, CITY COUNCIL REGU JUNE 29, 2 7:00 P.M I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. CITY MANAGER REPORT: a. Budget Review — (New Item at b. Public Information Report C. Construction Update d. Drainage Update e. Transportation Update f. School Sites VI. to VII. CONSENT AGENDA: a. Consideration of approving Min Council Meeting. %} PP ro b. Consideration of awarding bid fc C. Consideration of awarding bid i Complex. d. Consideration of awarding bid fc I d to complete the necessary form d submit same to the City Clerk prior GARDENS It MEETING )f 6uncil) res from the June 1, 2000 Regular City Riverside Community Center roof r Exterior Sign Program for Municipal Police Vehicle Painting.m VIII. PUBLIC HEARINGS: a. Ordinance 15, 2000 — PUD A endment - Cafd Chardonnay Outdoor Seating and Service. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of�, an application from Cafe Chardo ay'I, for the addition of outdoor seating for the Garden Square Shoppes at the northwest corner of PGA Boulevard and Military Trail, as more particularly described herein; providing for conditions of approval; providing for 5everability; providing for conflicts; and providing for an effective date. (Consideration on Second Reading) b. Ordinance 16, 2000 - PUD Ame and Service. Consideration of e City of Palm Beach Gardens, F application from Paddy Mac's fc restaurant located within the G� corner of PGA Boulevard an( described herein; providing for severability; providing for confli (Consideration on Second Readin C. Ordinance 18, 2000 - Nativity Conditional Use. Consideration o City of Palm Beach Gardens, F application from Nativity Luthi Conditional Use of "Adult Day adult day care facility for up to and School, located at the nort] Drive, as more particularly desci approval; providing for severabili for an effective date. (Considers d. Ordinance 19, 2000 — Art in Pi Consideration of an Ordinance c Beach Gardens, Florida, providir Places proposal for the Common: Boulevard immediately east of its originally approved by Ordinan providing for conflicts; and (Consideration on Second Readin iment - Paddy Mac's Outdoor Seating Ordinance of the City Council of the rid, providing for the approval of an thel addition of outdoor seating for the Je Square Shoppes at the northwest Military Trail, as more particularly ;on4itions of approval; providing for s; end providing for an effective date. ,uthleran Alzheimer's Adult Day Care an Ordinance of the City Council of the irid4, providing for the approval of an an Church, Inc. for approval of the ire "'P thereby permitting an Alzheimer's 4 patients at Nativity Lutheran Church west corner of Holly Drive and Plant bed l herein; providing for conditions of providing for conflicts; and providing on on Second Reading) blicl Places — The Commons Parcel 1. 'the City Council of the City of Palm for the approval of the Art In Public I Project located on south side of PGA .ntetsection with Avenue of the PGA, as e 7b 1999; providing for severability; providing for an effective date. e. Resolution 47, 2000 — 270 PGA Boulevard Sign Variance. Consideration of granting two variances to the 15 -foot setback and 300 - foot frontage requirements of Section 110-36, entitled "Ground Signs," of ,O�Z-P. I t the City Code for an existing grc (Continued from June 15, 20000 IX. RESOLUTIONS: a. Resolution 50, 2000 - Parcel 27.1 Consideration of approving a 1V office development with a total c bank, medical and professional amendment to allow the use of s loading spaces, ATM lane inst( limitation to 70.25 feet, two ad north elevations for both buildit reduction in the side setback regt to Resolution 64, 1998 to reloc, subject site, which is within the R Boulevard.,,,, b. Resolution 51, 2000 - Prospe request of Council) — 1: —_ �' a ,.. X. ORDINANCES: (For Consideration a. Ordinance 20, 2000 - Golf Consideration of an Ordinance c Beach Gardens, Florida providin, TDM Inc. for an amendment c Development by approving the ; patios at Golf Estate Villas Play west side of Military Trail appro) more particularly described here providing for waivers; providing and providing for an effective dat b. Ordinance 21, 2000 - Hibiscus Re of an Ordinance of the City Counc Florida, providing for an amendme Development known as "Hibiscus PUD) located at the Northwest Cot Wilson Road, as originally approve outdoor seating and service adjacei conditions of approval; providing i and providing for an effective date C. Ordinance 23, 2000. Considerati the City of Palm Beach Gardens, . Beach Gardens Code, Entitled " amending the optional forms of i sign located at 2700 PGA Boulevard. y council meeting) iB Regional Center -Grand Bank Center. tster, Site Plan of Development for an 46 ,1000 square feet and consisting of a office and for nine waivers and one ,eci4lty pavers, reduction in size of two id of pass -by lane, increase of height itio al building identification signs on ;s, two tenant signs for each building, rem�ent for building one, an amendment e a (ground sign to the entrance of the ;gio al Center DRI and PCD along XGA R*bw t-r /a ►J F s Road Agreement. (New Item at u ,- !N S O it t Reading ° states Villas Rear Setback Waiver. the City Council of the City of Palm for!,the approval of an application from a reviously approved Planned Unit ldit�on of screen enclosures to the rear ied Unit Development, located on the nately 500 feet north of Holly Drive, as ; providing for conditions of approval; t• br $everability; providing for conflicts; J (Consideration on first reading) j2. n aur4nt Outdoor Seating. Consideration of the City of Palm Beach Gardens, it to the existing Planned Unit .est4urant" (formerly Bridge Center ter of PGA Boulevard and Ellison i b Ordinance 11, 1995, to allow r to the waterway; providing for ° ,r severability; providing for conflicts; (Consideration on first reading) a s S�,/ is 4 of Ordinance of the City Council of a Ian Y loridta, amending Article III of the Palm )lico Officers' Retirement Trust Fund;" :neAts; adding a new section providing y _ �o�r; ..�•e.f (• • for penalties for making a false or benefits; providing for severabilit} for conflict; and providing for an reading) Public Service Tax Item Removed at request of Council 5Q 10C. XI ITEMS FOR COUNCIL ACTI a. PGA Flyover 6a r 5Ad b. Consideration of appointing an In C. Consideration of Mana 3 �C Adjustment. d. CRALLS Designation for the Ci yr" request of Council) XII. ITEMS FOR DISCUSSION: XIII. ITEMS & REPORTS BY MAYOR AN XIV. CITY ATTORNEY REPORT a, XV. ADJOURNMENT. In accordance with the Americans with Dis . persons with disabilities needing special proceeding should contact the Human Resourc to the proceeding at telephone number (561) 79 telephone the Florida Relay Service Numbers 1 (VOICE), for assistance. If a person decides to with respect to any matter considered at such n of the proceedings, and for such purpose, they of the proceedings is made, which record in which the appeal is to be based. 0--p-4 � a I. misleading statement in order to obtain providing for codification; providing effective date. (Consideration on first lip Special Master k' 's 1OLD Acwcrc ;r's Contractual Mid -Year Salary 4431 e—OD ,S -.;21 to� Palm Beach Gardens (New item at .71-s4.,e C OUNCIL: ilitips Act and Florida Statute 86.26, ;omjmodations to participate in this De artment, no later than 5 days prior t20, for assistance; if hearing impaired, 10) 955 -8771 (TDD) or (800) 955 -8700 ipe; tl any decision made by the Council, :tin or hearing, they will need a record ry r eed to ensure that a verbatim record ides the testimony and evidence upon a2 ti 1 rch,,�v c /GC W&.C,4 - pwsw ��dr - gau N,,� 6&,&-.-C-A 992L e a"J -L./ - us cue -f3* 'vd' A s � —�Qa tv COMMENTS FROM Request to Addres Please Print Name: �- E PUBLIC Council Address: 27 � City: Subject: ;)0 - n `P� R� °��i �� G F ,�z- %L Ra ex /LP/' < Members of the public may address the City Coun it during the "Comments by the Public" portion of the agenda and during "Public Hearin s "'. This Request to Address the City Council must be delivered to the City Clerk prior o' the commencement of the meeting. The time limit for each speaker is limited to thre 3,) minutes. COMMENTS FROM I HIE PUBLIC Request to Addressl, its Council Please Print Name: '--A-4 JLI �i Cm Address: , � J � f C. �_ !F City: Subject: k '7 i Members of the public may address the City Counc it (during the "Comments by the Public" portion of the agenda and during "Public Hearings",. This Request to Address the City Council must be delivered to the City Clerk prior 'the commencement of the meeting. The time limit for each speaker is limited to thre$ 13) minutes. Please Print Name: Address: City: - Subject: - - f COMMENTS FROM Request to AddresE V\% Bey E PUBLIC Council f Members of the public may address the City Coun ( 41 during the "Comments by the Public" portion of the agenda and during "Public Hearifi s ". This Request to Address the City Council must be delivered to the City Clerk prior i o the commencement of the meeting. The time limit for each speaker is limited to thre 3) minutes. COMMENTS FROM Request to AddresE Please Print Name: Address: City: Subject: i E PUBLIC Council Im Members of the public may address the City Couo(.il ,during the "Comments by the Public" portion of the agenda and during "Public Heariihcs'a. This Request to Address the City Council must be delivered to the City Clerk prior- I o', the commencement of the meeting. The time limit for each speaker is limited to three 3� minutes. CITY OF PALM MEMO TO: Mayor and City Council DATE: June 28, 2000 APPROVED: Nabar E. Martinez, City Manager FROM: Kent R. Olson, Finance Director SUBJECT: Budget Questions and Below are the questions raised at the June 26 Bij, Lae Workshop meeting. Some of the responses have not been prepared due to staff ti e f nt on the upcoming presentation on Thursday night. Police ➢ Councilperson Sabatello — Are there 4 addition; more that 4 additional persons in road patrol. Ii there a $200,000 increase? What does the bu lc line item "materials and supplies" increased s professional services, road patrol, does "other" Response: i, I police officers? There appear to be there are only 4 new people, why is .ng rental cost reflect? Why has the 1 ch throughout the budget? In nc ude medical? ➢ Councilperson Furtado — Would it be clearer I o h public if broken down? Response: ➢ Councilperson Sabatello — What is $194,980 in q�ipment -.6400 on page 18? Response: ➢ Mayor Russo — Are there take home vehicles i� �i� year's budget? Why weren't we told about it? Response: The assigned vehicle program is inc u l in the Budget. I apologize if it was not adequately highlighted for you. I I II r ➢ Councilperson Sabatello — Operating transfer $451,000 to $593,00, how many automobiles that number? How many vehicles are you rel Response: ➢ Mayor Russo — How many additional cars arc take home cars? Response: ➢ Councilperson Furtado — How does the cost i tie into the Public Works budget? How muc much is outside? Response: 2 .9130, this has been increased from you talking about? What constitutes you buying this year? How about the i the police budget for fleet maintenance i of this is in City parameters and how ➢ Councilperson Sabatello — Last year there wa$ an expense of $451,000 in this area and this year it is $593,000, why is there an Response: ➢ Mayor Russo — Chief, am I correct in saying 1 to spend $8,100,000 and next year it's $9,500 we have enough staff? How much is the over controllable items? Response: of $142,000? in this year's budget you are going )? What is the reason for this? Do budget increasing, including non- ➢ Councilperson Sabatello — Account #521.411 , telephone went for $1,500 last year, its $80,000 this year, what does that mean? I' 1 continue, .4420, equipment rental, last year $400, this year $32,000,.4600, repair and maintenance, $0 last year, this ' 3 year $100,700 this year? Materials and supplies again, .5200, $0 last year, $24,700 this year? Operating expenses total last year was$65,000 this year it's $339,000? Response: Fire ➢ Councilperson Sabatello — The number in last year's budget to this year's budget, just in the new fire station, what is the increase? Response: $354,000 ➢ Mayor Russo - You are showing that this budget is increasing by $1,510,000. In that increase you have $1,500,000 in capital outlay. That capital outlay isn't really a budget item that we are raising taxes for, because we are borrowing the money against that. Am I correct? The true actual increase is about $400,000? Response: The money from the loan for Fire Station Three has been recognized as revenue so the money still has to be appropriated in the budget. The actual increase from the previous year is $354,000. ➢ Councilperson Sabatello — Explain why on Page 24, Fire suppression division, $1,688,000 salary and wages, increased to $2,000,000? Repair and maintenance, $0 last year, $76,000? Vehicle maintenance? Materials and supplies? Response: Salary & Wages increase reflects the direct cost tied to increases negotiated in the current Collective Bargaining Agreement between the City and the IAFF Union. Repair and Maintenance reflects a consolidation of accounts 4620, 4640, 4650 and 4690 into one new account 4600. This simplifies the accounting, processing and payment of invoices. Materials & Supplies reflects a consolidation of accounts 5210, 5240, 5250 and 5260 into one new account 5200. This simplifies the accounting, processing and payment of invoices. ' 4 I ➢ Councilperson Furtado — When did we buy the ladder truck and how many times have we used it? Response: The Ladder Truck was purchased in 1993. In this short notice we can only extrapolate data back to January of 1999. The Ladder Truck has responded to 307 calls for service during that time period. Growth Management ➢ Councilperson Sabatello — Provide a breakdown of Engineering services. Do the revenues collected through application fees offset the costs of these services? Would the engineering department pay for itself? Would Engineering consultant fees of $300,000 be paid for? Response: ➢ Councilperson Furtado — What did we spend totally on Engineering this year? Response: ➢ Councilperson Sabatello — Will revenues offset costs for in -house engineering? If we add a building inspector, would fees generated by building permits pay for the inspector? Response: ➢ Mayor Russo — Can we get a report on what the users pay to offset the cost of the service? Response: E Parks and Recreation ➢ Mayor Russo — Do we need the capital projects? Response: Yes the capital projects are needed to satisfy and improve levels of service. These projects have been identified in the strategic plan. Two of the capital projects, the repairs to the roller hockey rinks, and the work at the former Westminster Church site will be funded by state grants. ➢ Councilperson Sabatello — Is there a salary increase of $6,000 for 3 people? What are 3170, Operating expenses, are they going to be done in -house or by the $300,000 consultant? On page 16, aquatics, did you move numbers around? Response: In the Administration budget, $8,549 has been included as merit increases for the three staff in this division. Historically, the maximum allowed percentage for raises has not been met. Some of these expenses will be done in house, and some will be done by the consultant. In the Aquatics Division, as elsewhere in the Budget, several line items were consolidated into one line item for accounting ease. ➢ Councilperson Furtado — On page 10, $15,600 phone charges, is that for the whole year? Do we have a special plan here in the City? Response: The $15,600 represents the monthly costs associated for all of the departments phones, including the phones at the Burns Road Community Center, Riverside Community Center, the pool, the tennis facility, and the Plant Drive Teen Center. This cost has been fairly constant over the last few years. The City utilizes Bell South's Essex phone plan to minimize expenses. ➢ Councilperson Sabatello — Should there be cellular phones used by certain people in the City? Response: The primary users of cellular phones in the city are department heads and their supervisory staff. As the city strives to improve the level of service and accountability to the residents, immediate access to these individuals is often essential. We are utilizing the most cost effective cell phone calling plan. 2 ➢ Councilperson Furtado — What is the number of cell phones in the City and what is the cost? Response: The following represents the number of cell phones and annual costs by department: Parks and Recreation 1 $ 900 Administration 3 $ 2,400 Growth Management 6 $ 5,040 Fire Department 12 $ 6,100 Public Works 12 $ 8,640 Police Department 18 $12,650 Total 52 $35,730 ➢ Councilperson Sabatello — By lumping costs together, does it allow departments more flexibility in moving funds around? Is the equipment new or replacing equipment? Response: By lumping costs together, the departments do have additional flexibility to move funds around. The equipment will be replacing old equipment. ➢ Councilperson Furtado — Does this budget reflect any changes in providing a full -time supervisor at night? Response: Yes, this budget includes a full time Center Supervisor who will be working the Burns Road Community Center in the evenings. ➢ Councilperson Sabatello — Are the ball field repairs included in this budget? Response: No, those repairs will be coming out of the municipal complex bond funds. Public Works ➢ Councilperson Furtado - How often do we use large equipment in Public Works? Response: All equipment, large and small is scheduled on a daily basis. Naturally there are more pieces of equipment than operators to run them. Different types of equipment are needed for specific job tasks. If equipment is not needed for a specific task it will sit until needed. ➢ Councilperson Furtado — Would you provide a breakdown of privatization costs for fleet maintenance and janitorial services compared to in -house costs? Response: A copy of the memo from Pete Bergel, Interim Public Works Dir. and the Ryder Report is attached for review on Fleet Management. A copy of the janitorial proposals from 5 vendors is in the Public Works Levels of Service Brochure given to Council on 6- 26 -00. A memo and copies of the bids reviewed by Jack Hanson and Len Lindahl are attached for review. ➢ Councilperson Sabatello — Explain, on page 16, Facilities Maintenance Division, the costs are rather substantial for adding 2 people? Response: Five Public Works employees are currently doing janitorial service for City Hall, Police, and Public Works. Four of these five positions have been transferred from the Roads and Drainage Division. The fifth employee was budgeted in Facility Maintenance for the maintenance crew but is being used for custodial. Added personel in custodial and bargaining unit increases account for 95% of the budget increase. The other 5% is a new Maintenance III employee to replace position used for custodial. ➢ Councilperson Furtado — Where are the people being paid from now? Response: Custodial employees are being paid out of the Divisional Accounts they were assigned to for the current budget year. Drainage /4 positions, Facilities Maintenance /1 position. Other Public Works employees and supervisors have taken on the responsibilities of these vacated positions until they can be filled. ➢ Mayor Russo — Can you show where the numbers are allocated from? Response: The budgeted money for these employees is being used to do custodial services in conjunction with budgeted contractual money saved by eliminating the current contract. This contractor was not satisfying current contract agreement. ➢ Councilperson Furtado — Wouldn't it be more efficient and less costly to privatize fleet services? Response: This question was addressed in the previous question about breakdown of privatization costs for Fleet Management and janitorial services. ➢ Councilperson Sabatello — Professional services, others, where was that last year? Contractual services, $54,000, where was that moved from? Repairs and maintenance, why was it $0 last year and now it is $101,000? Canal maintenance, where was it in the current budget? Are equipment purchases for redone areas? Land and improvements, what is that? What is the difference between categories 4600 and 6300? Is it $400,000 to maintain the canals? Was it in last year's budget under a different category? Is it maintenance or repair? Response: "Professional services — other" was in the Human Resources Dept. this year for background checks, Public Relations contract, and drug screens. Contractual Services for 54,000 is a combination of all 3400 accounts from this year's budget. Repair and Maintenance Acct. #4600 was $0 this year because the maintenance money was ear marked for an EDA grant project for $400,000 in canal maintenance #4675. Repair and maintenance #4600 does not exist in this year's budget, but next year it includes all accounts previously in the 4600 series. Yes - equipment purchases are for canal banks that have been restored this will enable Public Works to mow additional areas we could not access previously. Land and improvements is for canal improvements i.e., dragline. The difference between 4600 and 6300 is: repair and maintenance 4600 has $3000,000 in it for additional road work in conjunction with EDA grant project. 6300 is for canal restoration, which is considered improvements. ➢ Councilperson Clark — Why are we spending less on a critical safety issue (canals) and more on making the grass look nice? Response: The City is actually proposing to spend more on canal and swale maintenance than mowing and landscape. The mowing and landscape budget is approximately $1,000,000. The proposed drainage and swale budget is $1,400,000. We have cleaned 2 miles of canals since 1998. This next year we propose to clean out an additional mile. Councilperson Furtado —What is the difference in funding between privatizing and adding new personnel in Public Works to handle janitorial services in new building? Response: I have attached a revised report, which has been reviewed by myself and sent to Beth Ingold -Love by Eric Vincent, Fac. Maint. Supervisor, outlining City E cost to do this service in house. I have also attached the bid proposals which were reviewed by Jack Hanson and Len Lindahl for accuracy. Administration ➢ Councilperson Clark — Is it wise to eliminate the Assistant City Manager position? Response: The elimination of the position of Assistant City Manager not only represents a cost - saving effort to the City, it represents a savings with no loss in services to residents. Duties have been redistributed to staff and salary adjustments have been made to reflect this additional workload. ➢ Councilperson Sabatello — What are we spending on legal now? What will it cost this year? Are these all the legal fees? Response: ➢ Councilperson Sabatello — Is training and education moved from another category? This is training of what? On page 22, Information Assistance Division, could you explain MIS Technician? Are some people being moved? On page 23, Office Equipment, is this part of the new facilities? Do we move old equipment around? Why aren't these costs broken down by the using department? How do you control the amount of equipment in each department? Didn't we purchase new equipment when we moved into this building? What is the video capture station? Response: The funds listed in the "Training and Education" line item in the Administrative Services Budget represent training funds in addition to training funds in the HR budget. The "Training and Education" funds in the Administrative Services budget are planned for an in -depth Customer Service Training program that will include training to address morale (attitudinal training) as well as customer service training to be delivered to all employees. Additionally, some of the funds are designated for the start up of the City Academy concept, which will be designed to raise the skill level of employees. 10 Finance ➢ Councilperson Sabatello — Why are the grant writer and the lobbyist in the finance budget? What is the Art Impact Fund? Is something wrong if the funds get larger and larger when they are not being spent? Response: Both the grant writer and the lobbyist are expected to raise funds /increase revenues for the City. The Art Impact Fund collects .5% of a project's cost if the developer does not provide art on site. This has recently been changed to a 1 % contribution. The funds may be used to place art in a public place. The Art Advisory Board makes recommendations for the expenditure of these funds. It is planned that all funds will be spent for art in the City. ➢ Mayor Russo — What is the projected amount of money that will be raised annually by the proposed utility tax? If a utility tax is sunsetted, where will additional revenue come from to replace it? Response: The Budget projects almost $3 million will be raised if the utility tax is implemented on April 1, 2001. We will raise about $4.4 million if the utility tax is implemented on January 1, 2001. If the tax is sunsetted, we will need to either reduce expenditure growth or increase taxes, most likely property taxes. ➢ Councilperson Furtado - What do we need the utility tax for? Is it for specific projects that are beginning and ending or for ongoing projects? Response: The utility tax will help pay for additional personnel costs as well as capital costs. There is not a specific project the tax is tied to at this moment. ➢ Mayor Russo — Is having only one revenue source considered a negative when bond rating institutions look at your financial statements? Response: Yes. Part of our Strategic Plan calls for identifying alternative sources of revenue. The utility tax is one of these alternatives. The more diversified our revenue stream, the more favorable the bond rating institutions will view our financial reports and projections. 11 ➢ Councilperson Sabatello — If you implement the utility tax, does anything prevent withdrawing it? Response: No. The utility tax may be changed by ordinance, though the implementation period is between four and six months. ➢ Mayor Russo — If we do not implement the public utility tax, what will the millage rate be? Response: The overall millage rate will be 5.6535, and the operating millage rate will be 5.2326. The millage rates for the current year are 4.3497 overall and 3.9404 for operating. ➢ Councilperson Clark - How many new positions are being added? Response: Thirty -six new positions are proposed in the Budget. ➢ Mayor Russo — How can we evaluate this budget if we can't find out where things were last year? Why did we budget $220,000 when we spent $500,000 this year for Engineering? Response: I can help with any questions on where items were in the current Budget and where they are in the proposed Budget. The City has made some changes in its Budget presentation almost every year. We have utilized the engineers for various projects more than was anticipated in the FY2000 Budget. The Budget documents you received on June 5 are very similar to those you have received in the past. Each year we have made minor modifications to the line items and restructured divisions within departments to improve the budgetary management of the City. We have reduced the number of accounts since the GFOA Budget Program is encouraging governments to simplify their presentation by eliminating small operating expense accounts. We have met with you individually on two occasions to brief you as to the direction of the Budget and to receive your feedback. We are committed to providing you with 12 timely and accurate information to make sound policy decisions. We are ready to answer any questions you may have regarding the format. Att. CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 PUBLIC NOTIFICATION June 6, 2000 Notice to the Plat 4 Residents of the Upcoming Banyan Street Construction Project This letter is to inform the residents of Plat 4 (Garden Woods) of the Banyan Street paving/drainage improvements, which will be implemented this summer. The work being performed consists of improvements to the existing drainage systems that are located at the intersections of Banyan Street with Linden Avenue and Hazel Avenue. The entire length of Banyan Street will then be repaired and repaved, and all driveways that are disturbed by the construction will be restored to equal or greater specifications. Construction for the Banyan Street paving/drainage improvements will be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and is scheduled to begin on July 10, 2000. All construction is anticipated to be completed by the first week in September. During this time Banyan Street will be subject to closure at the intersections of Linden Avenue and Hazel Avenue. Construction will begin at the intersection of Linden Avenue and Banyan Street, which will be closed on July 10, 2000 for approximately 4 to 5 days. Construction will then begin on the Hazel Avenue and Banyan Street intersection, which is proposed to be closed from approximately July 17, 2000 until July 27, 2000. After the drainage work is completed, Banyan Street will be milled and paved, and all grassed areas that are disrupted during construction will either be resodded or seeded and mulched. Access will be available to all the homes that are located in the project area, however, some residents will need to be rerouted onto the adjacent roadways to avoid the intersections that are closed while the drainage work is being completed. If you have any questions regarding this project, please call Beth Ingold -Love, Assistant to the City Manager at (561) 799 -4132 or Citizen Services at 625 -4PBG. Thank you for your cooperation. CITY OF PALM BEACH GARDENS Carol Gold — C ity Clerk R f f d �1 bri r <�r MayLBeach . /" #� City ens ) N. Military Trail Beach Gardens, FL 33410 Dear Mayor Joseph Russo, P.O. Box 1922 Jupiter, FL 33468 June 27, 2000 CRY MANAGER'S OFFICE .JUN 2 9 2000 I would like to take the time to let you know of the fine job that your Growth Management Department is doing. They have always been extremely helpful and courteous to me. The pleasantness and efficiency of this department starts with receptionist Cheryl Levy who always answers the telephone with a smile on her face. She goes the extra measure trying to find the person that you need to speak to. She has the most pleasant telephone voice and I believe that she can soothe the most irate person coming to this office. Cheryl gives a very fine first impression of this department. As I am interested in DiVosta's project "The Isles ", I have had numerous questions regarding this site and the course of development and have been in contact with City Planner, John Lindgren. He has returned my calls and has been nothing but knowledgeable, courteous, helpful and polite. He has always been patient and given me a realistic picture of the project even if it was not what I wanted to hear. I have seen City Planner, Jim Norquest at a lot of Planning and Zoning Board and City Council Meetings. He always says hello to me and informs me of "The Isles" coming P & Z agenda. Jim does not ignore me and treats me as if my opinion really matters. This is a courtesy I find that the whole department extends. When I first encountered Growth Management Director, Roxanne Manning, I had a question regarding the South Management Water District and she took the time out of her busy schedule to explain what was happening. She even gave me names of people within City Hall that would probably be able to explain it better. Whenever she sees me, she always says "Hello." The whole department has always treated me as if they care and I matter. I know that this is not always easy especially in these stressful times. I thank them and I thank you for this department. If you have any questions, please do not hesitate to call me at 561 -744 -5147. Sincerely, Carolyn . Chaplik Cc: Roxanne Manning CC : AJ-4-8+R. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 29, 2000 Subject/Agenda Item Resolution 51, 2000 Recommendation /Motion: Staff is requesting approval of Resolution 51, 2000, Interlocal Agreement with the County Regarding Prosperity Farms Road Beautification, pending approval of the agreement by the Village of North Palm Beach. Reviewed by: Originating Dept.: Costs: $_NA Council Action: Total City Attorney Len Rubin Administration [ ] Approved Finance ACM $ [ ] Approved w/ conditions Current FY Human Res. [ ] Denied Other Advertised: NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ NA] Not Required [ ] Other I Submitted by: � / Beth Ingold - Love - "' Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: [ NA ] Not required BACKGROUND: Attached is an interlocal agreement between the City and Palm Beach County regarding the beautification of the County right of way on the west side of Prosperity Farms Road, north of Bums Road. The City has included a development order condition for the Oaks Center project to maintain the landscaping installed by the County in the right of way. The City also has an agreement with the resident who lives at the corner of Prosperity Oaks Court and Prosperity Farms Road to maintain the section adjacent to his property. After discussions with staff and the County, it was determined that this area is actually within the village of North Palm Beach. Both the County and staff discussed this issue with the Village Manager and Councilman O'Melia who foresee no problem with the agreement and will take the issue to the North Palm Beach Council workshop meeting on July 7, 2000. Staff is requesting approval of the interlocal agreement pending approval of the agreement by the Village of North Palm Beach. RESOLUTION 51, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR PROSPERITY FARMS ROAD BEAUTIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to enhance the appearance of its thoroughfares, the City has agreed to maintain certain improvements located within the County right -of -way along the west side of Prosperity Farms Road; and WHEREAS, as authorized by Chapter 163, Florida Statutes, the City and County wish to enter into an Interlocal Agreement to identify the rights and obligations of each party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement for City of Palm Beach Gardens Property Farms Road Beautification, a copy of which is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS DAY OF , 2000. ATTESTED BY: CITY CLERK VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P: \CPWin \H I STORY \000616A \43F.26 \stm(1501.000 ) MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY ABSENT CITT OF PALM LEACH GARDENS PROSPERITY FARMS ROAD BEAUTIFICATION 1 INTERLOCAL AGREEMENT FOR CITY OF PALM BEACH GARDENS 2 PROSPERITY FARMS ROAD BEAUTIFICATION 3 THIS INTERLOCAL AGREEMENT is made and entered into this 4 day of , 2000, by and between the CITY OF PALM BEACH 5 GARDENS, a municipal corporation of the State of Florida, 6 hereinafter "CITY," and PALM BEACH COUNTY, a political subdivision 7 of the State of Florida, hereinafter "COUNTY." 8 W I T N E S S E T H: 9 WHEREAS, both the CITY and COUNTY find it to be in the public 10 interest to encourage and support beautification on and along 11 COUNTY thoroughfares such as Prosperity Farms Road; and 12 WHEREAS, the installation of beautification improvements is 13 being completed by others not a party to this Agreement on and 14 along the west side of the COUNTY's Prosperity Farms Road right of 15 way, from Burns Road to Prosperity Oaks Court, (hereinafter 16 "IMPROVEMENTS ") as shown on the plans for the IMPROVEMENTS, dated 17 June 19, 2000, as revised on June 20, 2000, as prepared by Gentile, 18 Holloway, O'Mahoney, and Associates, Inc.; and 19 WHEREAS, in recognition of the accomplishment of the 20 IMPROVEMENTS, the CITY will be responsible for the maintenance of 21 the IMPROVEMENTS; and 22 WHEREAS, the CITY and COUNTY now wish to enter into an 23 agreement related to such efforts. 24 NOW, THEREFORE, in consideration of the mutual covenants, 25 promises, and agreements herein contained, the parties agree as 26 follows: 27 1. The above recitations are true, correct, and are 28 incorporated herein. -1- CITY OF PALM BEACH GARDENS PROSPERITY FARMS ROAD BEAUTIFICATION 1 2. The CITY agrees to be responsible for maintenance of the 2 IMPROVEMENTS following the installation, including providing any 3 water and electricity necessary for irrigation, and shall be solely 4 responsible for obtaining and complying with all necessary permits, 5 approvals, and authorizations which are required for the subsequent 6 maintenance of the IMPROVEMENTS. 7 3. The CITY recognizes that it is an independent contractor, 8 and not an agent or servant of the COUNTY or its Board of County 9 Commissioners. The CITY agrees, to the extent permitted by law, to 10 indemnify, save and hold harmless the COUNTY, its officers, 11 employees, servants or agents and to defend said persons from any 12 such claims, liabilities, causes of action and judgements of any 13 type whatsoever arising out of or relating to the procurement, 14 installation, existence, or maintenance of the IMPROVEMENTS or any 15 item which is the responsibility of the CITY as the above may 16 relate to this Agreement. The CITY agrees to pay all costs, 17 attorney's fees and expenses incurred by the COUNTY, its officers, 18 employees, servants or agents in connection with such claims, 19 liabilities or suits except as may be incurred due to the 20 negligence of the COUNTY as it relates to the funding which is the 21 responsibility of the COUNTY pursuant to this Agreement. 22 Furthermore, the CITY stipulates that the extent of the COUNTY's 23 liability pursuant to this Agreement shall be limited solely to its 24 aforementioned payment obligation. 25 4. The CITY shall, at all times during the term of this 26 Agreement maintain in force its status as an insured municipal 27 corporation. 28 5. The CITY shall require each contractor engaged by the CITY 29 for work associated with this Agreement to maintain: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF PALM BEACH GARDENS PROSPERITY FARMS ROAD BEAUTIFICATION a. Workers' Compensation coverage in accordance with Florida Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 00 /100 DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. 6. In the event of termination, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the CITY. In the event the CITY discontinues its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of the CITY to restore, if necessary, the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, which shall be in accordance with applicable Federal, State and COUNTY standards. In the event the CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may undertake such restoration and the CITY shall be liable for the costs of such restoration. 7. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, sexual orientation, disability, or religion be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 8. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF PALM REACH GARDENS PROSPERITY FARMS ROAD BEAUTIFICATION 9. All notices required to be given under this Agreement shall be addressed to: COUNTY Palm Beach County Department of Engineering and Public Works Attn: Assistant County Engineer Post Office Box 21229 West Palm Beach, Florida 33416 -1229 CITY City Manager CITY of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 10. The parties agree that this document sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. 11. This Agreement will be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in the equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 12. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 13. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written -4- 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 NRI 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF PALM BEACH GARDENS PROSPERITY FARMS ROAD BEA.U'PIFICATION document executed with the same formality and equality of dignity herewith. 14. Each party agrees to abide by all laws, orders, rules, and regulations and the CITY will comply with all applicable governmental landscaping codes and /or requirements in the maintenance and replacement of the IMPROVEMENTS. 15. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida Statutes. 16. The CITY shall promptly notify the COUNTY of any lawsuit related complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner to the performance of this Agreement. 17. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice prior to exercising any of its rights. 18. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial restraint, be construed more severely against one of the parties than the other. 19. This Agreement represents the entire understanding between the parties, and supercedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 20. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. -5- CITY OF PALM BEACH GARDENS PROSPERITY FARMS ROAD BEAUTIFICATION 1 21. This Agreement shall take effect upon execution and the 2 effective date shall be the date of execution. 3 IN WITNESS WHEREOF, the parties have executed this Agreement 4 and it is effective on the date first above written. 5 PALM BEACH COUNTY, FLORIDA, BY CITY OF PALM BEACH GARDENS, BY 6 ITS BOARD OF COUNTY COMMISSIONERS ITS CITY COUNCIL 7 By: 8 CHAIR 9 (COUNTY SEAL) 10 ATTEST: 11 DOROTHY H. WILKEN, CLERK 12 By: 13 DEPUTY CLERK 14 APPROVED AS TO FORM AND 15 LEGAL SUFFICIENCY 16 By: 17 ASSISTANT COUNTY ATTORNEY By: MAYOR (CITY SEAL) ATTEST: By: CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CITY ATTORNEY F:\ TRAFFIC \ASH\ PBGARDF.HS PROSPERITY. DOC (June 21, 2000) WIM 4 . t City of Palm Beach Gardens Memorandum TO: BETH INGOLD -LOVE, Asst. to the City Manager DATE: June 27, 2000 APPROVED: BOB PATTY, Director Public Works FROM: ERIC VINCENT, Supervisor Facilities Maintenance SUBJECT: Revised Custodial Cost Beth, earlier this afternoon, Bob Patty requested that I produce a copy of the Custodial Cost Analysis ( with bid prices ) for others to review at City Hall. It was at this time that I started to wonder why there would be a question in the cost that I summarized for contracting the service out, or keeping it "in- house" with City employees doing the service. It was not until later in the evening, that I realized that I had calculated the annual salaries of the present Custodial crew at their annual base pay, and had not included hourly salary with benefits. It is at this time, that I have re- calculated the cost, ( with the most current salary sheet from Finance, "Revised 3/21/00" edition ) including benefits, to show what monies would be needed to perform these services "in- house" with the City employees that are providing the current level of service. COST OF IN-HOUSE WORK PERFORMED BY CURRENT CITY STAFF WITH BENEFITS STAFF HOURLY COST POSITIONS WITH BENEFITS Lead IV Foreperson- $ 15.89 Maint. II $ 22.28 Maint. II $ 15.49 Maint. II $ 12.07 Maint. II $ 11.53 TOTAL COST PER MONTH $ 12,825.16 TOTAL COST PER YEAR $153,901.92 COST PER SQUARE FOOT $ 2.92 MULTIPLIED BY 1992 HOURS WORKED IN A YEAR $ 31,652.88 $ 44,381.76 $ 30,856.08 $24,043.44 $ 22,967.76 I am sorry for this error and if you have any questions feel free to contact me. Thank you. cc: file df /�d vV CITY OF LM BEACH GARDENS RECEIVED MEMORANDUM CIlY MANAGER'S OFFICE 11 IN 19 1000 /- fe Carol Gold —City Clerk c e'. %� TO: Nabar Enrique Martinez, City Manager DATE: June 28, 2000 FROM. Beth Ingold -Love, Assistant to the City Manager4o--- SUBJECT: Informational Updates 1. Road striping on PGA Boulevard at the entrance to Gardens Square Shops: Within the next two weeks, DOT will correct the confusing road striping near the entrance to Caf6 Chardonnay by grinding out and permanently removing the arrow stripping. Dot had previously painted over the arrows when this section of 1 fa PGA Boulevard was widened. d _I S 2. PGA Boulevard Road Restriping: DOT will paint the road striping on PGA Boulevard, from Military Trail to U.S. 1. They will paint the striping as opposed to using thermoplastic since the road is scheduled for paving and other P improvements next year. P" 3. City Gateway Sign: The re- permitting process for the Gateway sign, to be located at PGA Boulevard and Fairway Drive, is underway with an expected permit approval within two weeks. The total cost of the sign will be $8,934 and will be built according to the original specifications. We were able to obtain a more reasonable cost, in comparison to the original estimate, by separating the construction of the sign into two parts — sign structure and sign interior, thereby eliminating subcontracting costs. We obtained several estimates for the structure, including an estimate from Public Works, and for the actual sign, including an estimate from the original artist. The sign will be built approximately within one month of obtaining the DOT permit and will include uplighting and landscaping. 4. Neighborhood Signs: In response to recommendations from the Gardens Neighborhood Association, two neighborhood entry signs are in process of construction and will be in place within two to three weeks. The signs, which are smaller representations of the Gateway sign, will include the name of the neighborhood on the arch at the top of the sign. One sign location is the intersection of Lighthouse and Riverside Drive and will serve as the entranceway sign to Plat 1 (with the official name of Palm Beach Estates). This sign location will also serve as a City limit sign. The second sign will be located at the intersection of Military Trail and Arbor Way and will serve as the entrance to Palm Beach Square neighborhood. 5. Banyan Tree Project: Uplighting for the Banyan Tree on MacArthur Boulevard, the final phase of the project, was completed June 26, 2000. 6. Flower Planter Project: The remaining six planters located in the City's original neighborhoods, will be pressure cleaned, painted, stenciled and planted with dwarf bougainvillea tomorrow, June 29, 2000. This project will occur in conjunction with volunteer services from the Church of the Nazarene and some members of the Gardens Neighborhood Association. 7. Neighborhood Program Informational Budget Meeting: Approximately 700 invitations have been sent to residents (HOA and neighborhood representatives) for the July 18, 2000 Neighborhood Program meeting. We will have a Powerpoint presentation prepared for the meeting and all Department Directors will be in attendance. The meeting is scheduled to begin at 7:00 p.m. at the Burns Road Community Center. 8. Thompson River Canal Project: As directed, before proceeding with the construction of the platform on the west side of the Thompson River Canal, staff will host a neighborhood barbeque to meet with residents on Dogwood. I have spoken to one of the residents who agreed to speak to her neighbors regarding such an event. Once I receive feedback from her, I will send invitations to the residents who live along the canal. 9. Soccer Field Mitigation Site: City Engineer Dan Clark and I met with those currently working on the DEP issue at the soccer fields. The meeting included a discussion with a representative from a public relations firm with extensive experience in handling these issues. We would like to meet with each Council member individually before construction at the mitigation site begins and before the bid for the project is considered by Council at the August 3rd City Council meeting. 10. Westwood Gardens Outfall: Public Works Director Bob Patty and City Engineer Dan Clark and I have held several meetings to address the issue of the outfall operation at Westwood Gardens. We have received verbal agreement from the County and the developer to participate in the cost of the outfall improvements. The work is scheduled to begin next week and should significantly improve the problem of the operation of the outfall during the rainy season. We will schedule a meeting with all parties, including the HOA, to finalize this issue. 11. Plat 4 Swale Work: As previously committed, the swale crew will begin the needed swale improvements on Ash Street toward the end of next week. The work is expected to be completed in three to four weeks. 12. Plat 4 Drainage Work: The drainage project on Banyan Street will be underway in the near future. All Plat 4 residents received notification (see attached notification). 13. Tanglewood: The Notice of Violation will be hand delivered to Tanglewood representatives tomorrow. The Notice of Violation contains 31 cited violations including violations of City Codes, SBCCI Standard Housing Code and Fire Codes. Immediate compliance is required. The case will go to the Special Master on July 10, 2000. BIL:bil v C( v, 0 ✓ r � CiTy ALM BEACH GARDENS y Mli f '? MEMORANDUM t/ RECEIVED Dt fi' CITY MANAGER'SOFMCE JUN 19 2000 TO: Ath Ingold — Love, Assistant to the City Manager DATE: June 19, 2000 FROM: Jonathan Iles, Supervisor zf SUBJECT: City Hall Security /Sign procedure I am forwarding this information in response to an article by Mr. Tom Collins of the Palm Beach Post written on Sunday, June 18, 2000. The article was questioning the new policy requesting visitor's to sign in at the receptionist desk at City Hall. Tyre was some question raised regarding why the procedure was in place, the ACLU questioning the infringement of personal rights, while shifting the responsibility of safety from the City to the individual. The following, non for profit institutions, (some of which are also Public in nature) currently have in place a policy similar to that recently suggested by staff South Florida Water Management: Sign in at the main lobby (no visitor tag is issued). Palm Beach Gardens Elementary School: (sign in at the Administrative Office is required by all visitor's. St. Mary's Hospital: (sign in is required at the main desk, monitored by a private security company, visitor tags are issued). Seacoast Utilities: (sign in at the receptionist desk is requested, no visitor tags are issued) These are forwarded based on my limited travels but personal experience with each agency outlined above. The Administrative Stair has more exposure to travel to other company's and agencies. Reflection on their behalf will undoubtedly indicate further institutions with policies such as ours. No resident is being barred from entry or use of the tax supported buildings or facilities. In this world of heightened incidents of random violence, it is a prudent decision to provide a modicum of security for the people who work and visit or facilities. The City, in my opinion, is responding to the chartered responsibility as stewards of the Public facilities, to best mange the interest of the buildings and contents therein. Should you have any questions, please advise. NOTE: As an addendum to the issue of security; just in the past month, same paper that the City of Palm Beach Gardens received this coverage, there were articles about misplaced hard drives from the Los Alamos testing facility, and computer equipment from Palm Beach County, a student shooting on campus. The City police Department has controlled access in a building only 200 ft. away from the one Mr. Collins highlighted in his article. JI:ji CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 28, 2000 Meeting Date: June 29, 2000 SubjectlAgenda Item CRALLS Designation for the City of Palm Beach Gardens RecommendationlMotion: Motion to authorize the Mayor to sign letters regarding CRALLS _Designation for City Reviewed by: originating Dept.: Costs: $_--Q_ council Action: City Attorney City Manager Roan [ ] Approved a_ -_ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: WA Attachments: Other Date: [) Operating Papert [ ) Not Required [ ] Other Memorandum Submitted by: Department Director Affected parties [ ] Notified Budget Acct#: [ ) None Approved by City Man [ X ] Not required RECEIVED OTY MANAGER'S OFFICE JUN 2 8 2000 June 30, 2000 The Honorable Karen T. Marcus Palm Beach County Board of County Commissioners District 1 Government Center 301 North Olive Avenue, 12°i Floor West Palm Beach, Florida 33401 Re: CRALLS Designation for the City of Palm Beach Gardens Dear Commissioner Marcus, As you know, the City of Palm Beach Gardens has filed an application for County approval of a CRALLS designation for PGA Boulevard, from west of Florida's Turnpike to US 1; and for the intersection of Military Trail and PGA Boulevard. This CRALLS designation is critical in order for the City to move forward towards developing and implementing a transportation strategy that would preserve the City's existing character and address future traffic volumes. Both County and City staff have worked together on this project. This issue is on the Transmittal Public Hearing's agenda for July 12, 2000. The City Council is seeking your support on this vital matter. Should you have any questions, please do not hesitate to contact Nabar Martinez, City Manager, or myself at 7994110. Sincerely, Joseph Russo Mayor, Palm Beach Gardens cc: City Council Nabar Martinez Roxanne Manning Resource Group N.A. 11.13 TEXT AND MAP AMENDMENTS RELATED to TRANSPORTATION I NAME I DESCRIPTION I RECOMMENDATIONS II II.B.1 PGA Boulevard CRALLS MOTION: 11.6.2 General TIM Amendments MOTION: This proposed amendment will revise and add language to the Transportation Element to establish a Constrained Roadway at Lower Level of Service ( CRALLS) on segments of PGA Boulevard between the Ronald Reagan Turnpike and Prosperity Farms Road, including the intersection of PGA Boulevard and Military Trail, within the City of Palm Beach Gardens. The CRALLS will be exclusively for the purpose of concurrency for the projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15,1999, to facilitate area -wide planning of their impacts and for other projects generating less than 2,000 daily trips. Planning: Approval LPA: Denial (7 -3, with Mr. Eisenberg, Mr. Kalish, and Mr. Weiner dissenting) At the hearing, the LPA expressed concern about traffic impacts on the area, whether the amendment met the criteria for a CRALLs, and the constraint that prompted the CRALLS request. Planning staff stated that the CRALLS would allow the preservation of the landscaping and character of this segment of PGA Blvd., the City if Palm Beach Gardens central business district. The LPA questioned whether mass transit was being considered, and if there are any other east -west connectors planned. Staff responded that a condition of the CRALLs was to require that the feasibility of mass transit would be evaluated, and that additional east -west connectors were part of a separate plan of the City. Under public comment a Principal Planner with the City spoke in support. To Transmit the proposed PGA Boulevard CRALLS amendment. This proposed amendment will modify the Transportation Element and Thoroughfare Right -of -Way Identification Map to: • add a policy to clarify the County's statutory authority to build needed roadways; s add Quadrille Blvd. from Okeechobee Blvd. to Dixie Highway; • add a Southern Blvd. /Jog Rd. Interchange; • add a So. Blvd. /Haverhill Rd. Interchange; and : add West Park Ave. from Congress to Old Dixie Highway. Planning: Approval LPA: Approval (10 -0) At the hearing, there was minimal discussion and no public comment. To Transmit the proposed General TIM Amendments BCC Transmittal Public Hearing 4 Amendment Round 00 -2 July 12, 2000 Agenda d a� a�oeIor TEXT AMENDMENT STAFF REPORT AMENDMENT ROUND 00 -2 Item Name: PGA Boulevard CRALLS Element: Transportation Element (TE) Item Before the Board: To hold a public hearing on a proposed amendment to the TE which will designate segments of PGA Boulevard between Ronald Reagan Turnpike and Prosperity Farms Road, including the intersection of PGA Boulevard and Military Trail, as a CRALLS facility exclusively for the purpose of concurrency for the projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15, 1999, to facilitate area -wide planning of their impacts and for other projects generating less than 2,000 daily trips. Meeting Date: BCC Transmittal Public Hearing, July 12, 2000 Project Manager: Khurshid Mohyuddin, AICP, Senior Transportation Planner MOTION: To transmit the proposed amendment A. Planning Recommendation: Staff recommends approval based on the findings and conclusions presented in this report. B. LPA Recommendation: A substitute motion to recommend denial passed in a 7 -3 vote (with Mr. Eisenberg, Mr. Kalish, and Mr. Weiner in opposition) at the June 9, 2000 Public Hearing. During discussion, the Board expressed concern about traffic impacts on the surrounding communities, and whether the amendment met the criteria for a CRALLS. The Board also requested clarification regarding the City of Palm Beach Garden's request for the CRALLS, and the constraints that made it necessary. Planning Director Frank Duke responded that the constraint was policy oriented, not physical, in order to preserve the landscaping and character of this segment of PGA Boulevard, the City's central business district. The Board questioned whether mass transit was being considered as a mitigating measure, and if there are any other primary east -west connectors as part of the overall plan. Staff responded that a condition of the CRALLS was to require that the feasibility of mass transitwas being evaluated and that additional east -west connectors are part of a separate plan which the City is committed to implement. Under public comment, Steven Creamer, Principal Planner with the City of Palm Beach Gardens, spoke in support of the amendment, and expressed the City's desire to maintain a central business district with a primary roadway of a limited width. 00 -2 Text Amendment Staff Report 1 PGA Boulevard CRALLS I. SUMMARY REPORT A. BACKGROUND The City of Palm Beach Gardens has experienced very rapid growth in land development activities since 1998. This heavy demand for development has been triggered by the sale of the MacArthur Foundation properties. The foundation owned over 4,000 acres of land in Palm Beach Gardens. As a result, the City is faced with significant development pressure and demand for development approvals. As a result, the existing lower level of service designation on PGA Boulevard from 1 -95 to US -1, as established by TE Policy 1.2 -c, needs to be revisited. The proposed amendment will also relocate the existing policy under TE Policy 1.24, where all the approved CRALLS are listed. It is now estimated that within the next three years, the segments of PGA Boulevard between Alternate Al and Prosperity Farms Road will operate below the adopted Level of Service (LOS) D standards. By the year 2006, PGA Boulevard is projected to operate below LOS D from The Ronald Reagan Turnpike to Prosperity Farms Road. Therefore, for the purposes of short term planning, the City is requesting a CRALLS designation for the segments of PGA Boulevard between the Ronald Reagan Turnpike and Prosperity Farms Road, and for the intersection of PGA Boulevard and Military Trail exclusively for the purpose of concurrency for the projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15, 1999 and for other projects which develop ator below their current Future Land Use designations generating less than 2,000 daily trips. Asa part of that forbearance agreement, the parties agreed to lower densities and intensities of development at the subject parcels, as well as to provide numerous improvements on roadways other than PGA Boulevard. The City is requesting the CRALLS on PGA Boulevard due to its desire to limit additional pavement through its City Center (downtown area). As a condition of this CRALLS, the City of Palm Beach Gardens has agreed to provide an annual reportto County's Planning Director showing that concurrent with the development approvals, the City has been moving forward with the implementation of: 1) the City Center linkages Plan; 2) an evaluation of the feasibility of a fixed -route bus transit service to circulate within the City Center; and 3) the Hood Road extension from Alternate A1A to Prosperity Farms Road. B. THE PROPOSED AMENDMENT 1. Amendment Intent and Summary The intent of the proposed amendment as requested by the City is to designate segments of, and an intersection along, PGA Boulevard as CRALLS facilities for purposes of concurrency for those projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15, 1999 and for small projects generating less than 2,000 daily trips. The proposed amendment would revise the Transportation Element (TE) by revising existing Policy 1.2 -c and relocating it under Policy 1.24, to establish a Constrained Roadway at a Lower Level of Service (CRALLS) designation for PGA Boulevard between the Ronald Reagan Turnpike and Prosperity Farms Road, and for the intersection of PGA Boulevard and Military Trail. The adopted level of service standard for PGA Boulevard east of Prosperity Farms Road will remain unchanged. 00 -2 Text Amendment Staff Report 3 PGA Boulevard CRALLS D. PUBLIC AND MUNICIPAL REVIEW 1. Intergovernmental Plan Amendment Review Committee (IPARC): Notification of this . amendment was sent to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for review. The IPARC, of which Palm Beach County is a member, functions as a clearing -house for plan amendments. At the time of the printing of this report, no objections to the amendment had been received. This amendment is being processed at the request of the City of Palm Beach Gardens. E. ASSESSMENT AND CONCLUSIONS Based on the Data and Analysis, the following assessments and conclusions can be made: a. Existing traffic volumes and projected traffic volumes on sections of PGA Boulevard exceed or are expected to exceed Level of Service D. This will prohibit the development of vacant land on PGA Boulevard as well as vacant land to the north and south, which accesses the major roadway network via PGA Boulevard. b. Concurrency, including roadway Levels of Service standards, is not intended to permanently prohibit the development of land, but is intended to be a timing mechanism that delays development until the necessary infrastructure is in place. Ideally, there will be a balance between the roadway system and land uses that it is planned to service. However, there are some roadways, particularly those with 1 -95 interchanges, where traffic is concentrated, that do not operate at the currently adopted Level of Service D and where countervailing local government goals may prevent roadway expansion. CRALLS is a tool available to permit development in affected areas consistent with other Plan goals and objectives. C. The developers will be responsible for providing the roadway and pedestrian /bike connections in order to promote alternate modes of transportation. d. The development scenariowhich would be facilitated by this CRALLS would ultimately result in reduced densities, as the developers have agreed in the forbearance agreement to reduce densities or intensities below current Future Land Use designations. This would result in a reduced build -out impact on the roadway system. F. ALTERNATIVE ACTIONS The following courses of action are available to the Board: Recommendation of approval; 2. Recommendation of approval with modifications; or 3. Recommendation of denial. June 22, 2000 T: \PLAN N I NG\AMEN D \00 -2\ Reports \BCCtran \PGACRALLS - rpt.wpd 00 -2 Text Amendment Staff Report 5 PGA Boulevard CRALLS 11. EXHIBITS 1. Proposed Text Changes .............. ............................... E -1 2. Support Data and Analysis ............ ............................... E - 3 3. Proposed Revised Text ............... ............................... E -9 4. Letter from City of Palm Beach Gardens ............................... E-11 5. City Center Linkages Plan ........... ............................... E - 13 00 -2 Text Amendment Staff Report E - 0 PGA Boulevard CRALLS EXHIBIT 1 A. Transportation Element, PGA Boulevard Constrained Roadway at Lower Level of Service (CRALLS) REVISIONS: To revise language of Policy 1.2 -c and to move it under Policy 1.2 -f modifying and expanding the PGA Boulevard CRALLS. The deleted and added text is shown in stlaikeou and underlined. - - - - - w • Policy 1.2 -f: The Palm Beach County Board of County Commissioners finds the following facilities are constrained facilities and development orders shall be evaluated using the specific level of service standards identified herein instead of the Policy 1.1 -b general level of service standards. (Unchanged text omitted for brevity) 181 PGA Boulevard, from the Ronald Reagan Turnpike to Prosperity Farms Road and the intersection of PGA Boulevard and Military Trail are hereby designated as Constrained Roadways at Lower Level of Service (CRALLS) facilities exclusives for the purpose of concurrence for projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15.1999, and for Projects developing at or below the levels permitted by their Future Land Use designations as of December 31, 2000, which are generating less than 2,000 daily trips. a) PGA Boulevard from Ronald Reagan Turnpike to Central Boulevard Daily Level of Service Standard 51,177 vehicles per day Peak Hour Level of Service Standard 4.759 vehicles per hour Test 2 Volume 53.000 vehicles per day P1 PGA Boulevard from Central Boulevard to Military Trail Daily Level of Service Standard 50,738 vehicles per day Peak Hour Level of Service Standard 4.719 vehicles per hour Exhibits E - 1 PGA Boulevard CRALLS 11,- 111. M M-411 ft-- • TAbVM, Wei Policy 1.2 -f: The Palm Beach County Board of County Commissioners finds the following facilities are constrained facilities and development orders shall be evaluated using the specific level of service standards identified herein instead of the Policy 1.1 -b general level of service standards. (Unchanged text omitted for brevity) 181 PGA Boulevard, from the Ronald Reagan Turnpike to Prosperity Farms Road and the intersection of PGA Boulevard and Military Trail are hereby designated as Constrained Roadways at Lower Level of Service (CRALLS) facilities exclusives for the purpose of concurrence for projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15.1999, and for Projects developing at or below the levels permitted by their Future Land Use designations as of December 31, 2000, which are generating less than 2,000 daily trips. a) PGA Boulevard from Ronald Reagan Turnpike to Central Boulevard Daily Level of Service Standard 51,177 vehicles per day Peak Hour Level of Service Standard 4.759 vehicles per hour Test 2 Volume 53.000 vehicles per day P1 PGA Boulevard from Central Boulevard to Military Trail Daily Level of Service Standard 50,738 vehicles per day Peak Hour Level of Service Standard 4.719 vehicles per hour Exhibits E - 1 PGA Boulevard CRALLS EXHIBIT 2 ULDC REVIEW CRITERIA AND ANALYSIS Article 15 of the Palm Beach County Land Development Code specifies eleven Determination Criteria that shall be addressed when considering a change to the adopted level of service standards on any roadway. Criteria: A. Cause of the constraint; e.g., Whether the laneage or geometrics are insufficient to accommodate projected traffic as a result of concerns relating to physical limitations, fiscal limitations, environmental areas, aesthetics, historically significant development, or the character -of -area, or neighborhood concerns, and the impact of adding lanes or changing the geometrics on such concerns. StaffAnalysis/Comment: The proposed CRALLS designation on PGA Boulevard, from the Florid's Tumpike entrance to Prosperity Farms Road, consists of seven links: Ronald Reagan Turnpike entrance to Central Boulevard, Central Boulevard to Military Trail, Military Trail to 1- 95,1 -95 to RCA Boulevard, RCA Boulevard to Alt. Al A, Ali A1A to Fairchild Gardens Avenue, and Fairchild Gardens Avenue to Prosperity Farms Road. The total length of these sections is approximately 3.6 miles. These sections of PGA Boulevard are currently constructed to their ultimate cross- section of a six -lane divided roadway, with 2006 AADT volumes ranging from 34,755 tpd to 76,555 tpd (see attached table). The area is largely developed, which has created a physical constraintto widening the roadway to eight lanes. A cost estimate for acquiring additional right -of -way on PGA Boulevard for an eight -lane section has not been established. However, in a similar instance, the cost of acquiring right - of -way for widening Okeechobee Boulevard averaged $12 million per mile. There would also be the cost of constructing the widened roadway. In addition, the configuration of the proposed flyover at Alternate Al A is not designed to accommodate an eight -lane roadway. These costs create a fiscal constraint on widening PGA Boulevard. The commercial, office and residential areas along PGA Boulevard would be adversely impacted by adding two through lanes to this roadway; creating concerns about the character of area. Specifically, the City's comprehensive plan and land development regulations require increased landscape buffers, berms and meandering sidewalks along PGA Boulevard. These existing and future streetscape improvements have created a certain character for PGA Boulevard, which would be greatly diminished by widening this roadway to eight lanes. There are no environmental or historically- significant development concerns. B. When more than one cause is identified, the extent to which each contributes to the constraint shall be considered. Staff Analysis /Comment: As described in Section A above, the physical and fiscal limitations associated with acquiring additional right -of -way are the primary causes of the Exhibits E - 3 PGA Boulevard CRALLS E a f" Vi V r n tl d n O c M ggx %X3 ` w S � o °u � °r a v 9 L'9�E n � 2 v ° E • cc ]Ag 0 0 r � �' o�c - l 0 a QQQyQ0yy 3QQ 33S Q33ss yy3 53��" i IA T' _ e •y r, Y^ �° _ Z h �� Y h N M M $ Y P i0 ry ry P P fi^$=� AV 2 a .ten f 1;� O P C P ry i - -_ 1 1 1 T •a P ^ •� Yvw -_ __M_Z�A di Y i , - - -P P ^ i n M M r b b b r •> _ n n C n O M Gp N is .p O tp •� ° ^ Q•, � � � O � � � � �O P E d C_ P d X O � q P pK OA p; O ry C H o g vOi P g g E P g $$ fF S g � P, C w � g g P g g }� Q S S� Q i� � $ e Q g �i Q S p e O g g g g o M N M r P P P �X �rOi J� �X .Oi� P O• - - P !, - - J J J J J J ddd 0 0 s 0 O S 0 0 0 4 J J J J J 0 3S j q u a 6 � u tt• u u u IQ III IRI c M ggx %X3 ` w S � o °u � °r a v 9 L'9�E n � 2 v ° E G. a The practicality of adjusting land uses, zoning districts, and uses therein. Staff Analysis /Comment: The land -use patterns along PGA Boulevard have been established by the existing and approved developments in the corridor. The City has also entered into an agreement with the owners of the vacant parcels of land in this area who committed through the forbearance agreement to reduce the residential densities and commercial /industrial intensities. The City has indicated that it will reduce the Future Land Use designation for the Golf Digest project located north of PGA and west of the Ronald Reagan Turnpike to reflect a recent approval of 2,145 dwelling units which is a reduction of 7,074 dwelling units from the originally assigned 9,219 dwelling units. The impact of the ability of the overall major thoroughfare system in the area affected to function at the Generally Adopted Level of Service. Staff Analysis /Comment: Granting the requested CRALLS designation is not anticipated to adversely affect the overall transportation system in the area. Mitigation measures that the City is committed to include implementation of the City's Thoroughfare Plan and Linkage Plan within the City Center area, extending Hood Road from Alternate Al A to Prosperity Farms Road, and evaluating the implementation of a trolley system and more - friendly bike and pedestrian modes of transportation. The length of the Constrained Link(s): Staff Analysis/Comment: The total length of the roadway segments on PGA Boulevard for which a CRALLS designation is requested is approximately 3.6 miles. The lengths of each roadway segment are as follows: Ronald Reagan Turnpike entrance to Central Boulevard 0.5 of a mile Central Boulevard to Military Trail 1.0 mile Military Trail to 1 -95 0.2 of a mile 1 -95 to RCA Boulevard (extended) 0.2 of a mile RCA Boulevard (extended) to Alternate A1A 0.3 of a mile Alternate Al to Kew Gardens Avenue 0.8 of a mile Kew Gardens Avenue to Prosperity Farms Road 0.6 of a mile J. The option of modifying the Plan, including the Thoroughfare Right -of -way Protection Map, or other regulations to add lanes, improve geometries or reliever facilities. StaffAnalysis /Comment: There are no options for adding lanes to PGA Boulevard without negatively impacting the aesthetic character of this roadway and the abutting commercial, office and residential developments. Exhibits E - 7 PGA Boulevard CRALLS EXHIBIT 3 PROPOSED REVISED TEXT: Policy 1.2 -f: The Palm Beach County Board of County Commissioners finds the following facilities are constrained facilities and development orders shall be evaluated using the specific level of service standards identified herein instead of the Policy 1.1 -b general level of service standards. (Unchanged text omitted for brevity) 18) PGA Boulevard, from the Ronald Reagan Turnpike to Prosperity Farms Road, and the intersection of PGA Boulevard and Military Trail are hereby designated as Constrained Roadways at Lower Level of Service (CRALLS) facilities exclusively for the purpose of concurrency for projects which entered into a forbearance agreement with the City of Palm Beach Gardens on April 15, 1999, and for projects developing at or below the levels permitted by their Future Land Use designations as of December 31, 2000, which are generating less than 2,000 daily trips. a) PGA Boulevard from Ronald Reagan Turnpike to Central Boulevard Daily Level of Service Standard 51,177 vehicles per day Peak Hour Level of Service Standard 4,759 vehicles per hour Test 2 Volume 53,000 vehicles per day b) PGA Boulevard from Central Boulevard to Military Trail Daily Level of Service Standard 50,738 vehicles per day Peak Hour Level of Service Standard 4,719 vehicles per hour C) PGA Boulevard from Military Trail to 1 -95 Daily Level of Service Standard 59,280 vehicles per day Peak Hour Level of Service Standard 5,513 vehicles per hour d) PGA Boulevard from 1 -95 to RCA Boulevard Daily Level of Service Standard 76,174 vehicles per day Peak Hour Level of Service Standard 7,084 vehicles per hour Test 2 Volume 68,000 vehicles per day e) PGA Boulevard from RCA Boulevard to Alternate Al A Daily Level of Service Standard 76,555 vehicles per day Peak Hour Level of Service Standard 7,120 vehicles per hour Test 2 Volume 60,000 vehicles per day f) PGA Boulevard from Alternate A1A to Fairchild Gardens Avenue Daily Level of Service Standard 62,636 vehicles per day Peak Hour Level of Service Standard 5,825 vehicles per hour Exhibits E - 9 PGA Boulevard CRALLS EXHIBIT 4 CITY OF PALM BEACH GARDENS 10SW N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 334144698 May 26, 2000 Mr. Frank Duke, Planning Director Palm Beach County Planning Division 100 Australian Avenue West Palm Beach, Florida 33406 Re: ' Proposed CRALLS designation for PGA Boulevard in Palm Beach Gardens Dear Mr. Duke: This letter is to follow -up on the Pre- Application Meeting that was conducted on May 23, 2000, regarding the proposed CRALLS designation on PGA Boulevard. The following information is in response to specific questions and comments at the meeting. Enclosed are the requested copies of the City's Thoroughfare Plan and City Center Linkages Plan. 2. The requested CRALLS designation should not include the segment of PGA Boulevard between the Avenue of the Champions and the Florida Turnpike entrance, as indicated in the County staff report to the Land Use Advisory Board. This segment is projected to meet the adopted level of service standards. Enclosed is a copy of Table 1 in the "Short Range Transportation Capacity Study," dated May 11, 2000, that was prepared for the City of Palm Beach Gardens. This table lists the projects that should be eligible to use the proposed CRALLS designation. In addition, as discussed at the meeting, projects which are estimated to generate less than 2,000 average daily trips would be able to use the proposed CRALLS designation. 4. If the approved CRALLS designation is conditioned upon the construction of certain roadway segments, such as indicated on the City Center Linkages Plan, the City requests that traffic studies submitted to Palm Beach County for review be allowed to consider these roadway improvements as committed improvements. 5. The vacant commercial parcel at the northwest corner of PGA Boulevard and the Florida Turnpike owned by Watermark Communities, Inc. needs to be included on the list of properties eligible to use the requested CRALLS designation. This parcel is 23.8 acres and has a future land -use designation of "Commercial" on the City's Future Land Use Map. A maximum of 362,854 square feet of commercial floor space could be developed on this site, based on maximum lot coverage of 35 percent allowed by the City's comprehensive plan. Exhibits E - 11 PGA Boulevard CRALLS EXHIBIT 5 City Center Linkages Plan: Exhibits E - 13 PGA Boulevard CRALLS 0HtH11H P RlHtR CO. PRM RUH HUB, JUDO MEN, JUPITU STURRI 2093 SOUTH 1091 MOO POUMORD S ORL RONDO 34996 561.220.4127 M.561.220.4I20 June 29, 2000 Councilmen /Councilwomen City of Palm Beach Gardens Dear Chairman, Thank you for hearing me with regard to the signage issue at 2700 PGA Boulevard. Quentin Partners Co. is the owner of 2700 PGA Boulevard. My name is James Q. Riordan Jr. and I am the President of Quentin Partners Co. We have owned this property since early in 1996. We are a small Real Estate Investment and Management company, presently we own and manage about 250,000 s.f. in Palm Beach and Martin Counties. When we purchased the property from Lennar the property was in disrepair and had been involved in foreclosure proceedings. The roof was leaking, landscaping was unkept, site lighting was in disrepair. The tenants and, I am sure the City also, were upset because of the general disrepair of the property. Since our purchase we have spent enormous amounts of resources on the property. We re- roofed, improved landscaping, improved site lighting. We have just completed a major renovation of the exterior of the building. Along the way various agencies of the city have contacted us regarding access and code violations. We have complied immediately with their requests, including tree pruning requested by the Fire Department for easy fire truck access, requests from code enforcement for a dumpster enclosure which had never existed on the property, and rooftop A/C screening, to note just a few. Quentin Partners Co. has and will continue to operate a clean, well kept, city code complaint, professional property in Palm Beach Gardens. We now come to the issue of the Chevron located at the front of our property. The structure, which was in compliance when erected prior to the building project receiving its Certificate of Occupancy in the mid - eighties, now does not meet codes. Quentin Partners Co. as well as the present Planning Department, were not involved in the planning, construction, inspection, or CO issuance regarding this property. The structure has not been altered in any fashion except to receive paint over the years. It provides several functions, as noted in my letter to Mr. Benothman on May 5, 2000. 1. One is as a shield for backflow prevention as required by code. The Planners state that this could be achieved by just using vegetation, but again this is just one purpose for the structure. 2. Another purpose is for property identification, the structure has only the property address numbers on it. Our property is on the south side of PGA adjacent to the Eastbound lanes. It is a deep property, the building set far back from the road. Palm Beach Community College is to our west and Mr. Lassiter's shopping center to our east. PBCC has heavy vegetation on their property. Over the past two years they have had to construct a water retention area surrounding their property due to rainwater runoff. Because of this heavy vegetation and without the address on the chevron at the front of our property, an eastbound motorist would be unable to locate our property until they had passed it. This would either cause the motorist to stop short causing a potential for accidents or they would proceed to make two u -turns on PGA Boulevard, again causing a potential for accidents. The chevron presently provides no danger to the citizens, either pedestrians or motorists. If it were required to be removed, it would cause great danger and potential accidents. I am sure that the Council would not wish to create a potential liability in this regard. Westbound traffic has an obstructed view, though not as critical as the eastbound traffic. Pier One and SunTrust Bank sit close to PGA Boulevard and our Building is blocked from view by them. The vegetation in the median of PGA is dense at the point adjacent to our property so a motorist would not be able to see the building if it were not for the chevron with the address number on it. We believe, as do our tenants, some of whom are present in the chamber tonight, that because of the special nature of our property and situations which are not within our control, that to be required to remove this chevron with our address numbers on it would deprive us of the only reasonable identification of the property. It would also deprive us of identification enjoyed by others. We believe that it will also cause a hardship on the citizens of Palm Beach Gardens, and will certainly create a potential for property damage, injury, and possibly death to both motorists and pedestrians, and a liability for the City. I, therefore request that the Council approve the Variance before you tonight. Again Thank You for your time and indulgence. Sincerely, J mes Q. Riord n, Jr. resident GHt 11 H P RIHIR CD. POLM MC8 URK09, JUDO O1DCU, JOP1111 910PR1 2093 SOUR M1 OCIPH DOOLIVORD 91UDR1, 11ORIDD 34996 561.220.412 1 M.561.220.406 May 5, 2000 COPY Mr. Talal Benothman Senior Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens Florida, 33410 -4698 Dear Talal, We, at Quentin Partners Co., are very interested in complying with city codes. We understand the need for signage codes, especially if not following the codes can cause situations that are dangerous, a nuisance, or an eyesore. We take enormous time and consideration in upgrading and maintaining our property in Palm Beach Gardens. As you know we just completed a major overhaul of 2700 PGA; we think it looks better than when it was originally built. We hope that it pleases the city of Palm Beach Gardens to have property owners that invest their money for the future by maintaining properties in a first class manner like we do! In reviewing the situation regarding the wall located at the front of our 2700 PGA Boulevard property, we have had a difficult time assessing the benefit the city would receive by forcing us to change it. We believe that having our address "2700" on the wall, which is required by code, is an important asset to traffic on PGA Boulevard. I have reviewed the city code and am beginning to understand why this structure was designed and placed where it was. This wall was not originally created as a sign but was created to comply with another city code mainly shielding the backflow preventer from a public right of way. After that code was met it was then decided that this wall or chevron could further provide assistance to the tax paying residents of Palm Beach Gardens, the public at large, as well as the then owner of the building by putting an address sign on it. (This in some people's eyes made it a sign instead of a wall to protect the backflow preventer, its primary function). This, the act of putting "2700" on the chevron, assists the motoring public in finding the property. Because of its location and the fact that the neighbor to the west has a great amount of foliage on their property which blocks a view of our building or even our property, motorists without the assistance of an address marker are unable to see the property until they are past the entrance. As you noted, there is some discrepancy between where your plan states the chevron should be and where it is actually located. My understanding is that sometimes there are variations between the planned construction and as built. There are many reasons for these variations; neither of us has the personal knowledge as to why there is a variation in this case. I believe that the City planning /building inspector and the builder of the property made a correct decision in placing it wnere it is. They evaluated all the applicable codes and came to an adjusted, best solution. We do know that the Certificate of Occupancy (sec 98 -32) was issued for this property and so the location of the chevron was approved by your building inspector /code enforcement officer. If the chevron had not been approved by your officers then they would have, at the time of erection, issued a stop work order (Sec. 98 -31) on the project and forced the builder to move the chevron. As this did not occur, it must have been an acceptable location at the time. Some possible reasons that the location of the chevron would have been acceptable is that it is not primarily a sign, it is primarily built as a barrier for the backflow preventer, required by city code (sec 98- 72 g1). The backflow preventer is located within the water utility right of way. The code requires that the back -flow preventer be screened by a man -made fence or wall on three sides, thus the construction of the said chevron. It is true that this wall required by code could have been constructed by having three walls, one parallel to and two perpendicular to PGA Boulevard, but the city and the builder must have come to some reasonable conclusion that this wall would work. You noted also that the chevron should have been located to the west adjacent to the entryway to our property (as in your plan); this would have been a violation of city code (sec 110 -36c). It was determined that as a reasonable answer to the issue, the chevron would be placed in the center of the property to minimize and come close to code. In addition, at the time, we were allowed to have signage on the road. If they erected a monument for a sign and a wall for the protection of the backflow preventer then we would have had two man -made walls at the front of the property, not just one, both of which might at this point be unacceptable to the present code. Requiring us to remove the "2700" from the chevron would prove an undue hardship on the general public, cause a traffic problem (possibly fatalities), and deprive Quentin Partners Co. and it's tenants of rights commonly enjoyed by others and until this point by us. The chevron with our address on it has been in this location for Fifteen years; till this point it has not been a nuisance nor has it been in disrepair. My point is that even though there may be at this point be a minor code infraction with having our address on the chevron, as far as its distance from PGA Boulevard, it is in fact an asset to the community and to force the removal of the "2700" would only serve the code for the sake of the code. It will certainly cause traffic problems on PGA, possibly accidents. The City, You and I have spent numerous hours on resolving this situation; all of our time could have been spent on other more important and useful pursuits. We therefore request that the City process a variance which would allow us to retain the "2700" on the wall /chevron. Sincerely, James Q. Riordan, Jr. President CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 April 17, 2000 Mr. James Q. Riordan, Jr. 2893 South East Ocean Blvd. Stuart, FL 34996 RE: Petition VAR- 99 -07, Sign Variance Dear Mr. Riordan: The above referenced petition has been inactive since our last meeting on January 7, 2000, during which I asked for a revised petition stating that you request two variances. One variance is to allow the existing ground sign to remain on site and the second is to permit the sign to remain at its current location. Currently, your file contains a petition requesting only one variance for a sign setback. I respectfully request that the needed material be provided to the Planning and Zoning Division as soon as possible. Your application can not be processed without the needed revisions to your petition. We would like to expedite this matter within the next three weeks. Should you require further assistance or have questions regarding this matter, do not hesitate to call me at (561) 799 -4243. Sincerely, Talal Benothman Senior Planner cc: Roxanne Manning, AICP, Director Steve Cramer, AICP, Principal Planner LAMN, KRIELOW, DYTRYCH & CO. CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS CHARLES L. LAMN, CPA GARY R. KRIFLOW, CPA MARTIN A. DYTRYCH, CPA GARTH E. ROSENKRANCE, CPA JOANN L .WAGNER, CPA MICHAEL R. DILLON, CPA February 2, 2000 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attn: Palm Beach Gardens Committee on Sign Appeals Dear Committee Members: 2700 PGA Blvd., Suite 203 Palm Beach Gardens, FL 33410 (561) 694 -1040 Fax (561) 626-2158 www.lkdcpa.com This letter is in response to a request by the City to relocate the sign on the office building located at 2700 PGA Boulevard. My accounting firm, of twenty -four (24) staff members, are located in suite 203 of the above - mentioned building. Our firm has been located at this location since December 1983. Myself and one of my partners originally built the building and owned it until four years ago at which time we sold. I was very involved with the construction of the building, in obtaining zoning for the building and therefore am very familiar with requirements so far as parking, signage and landscape requirements. The City is requesting the relocation of the sign from its present location next to the sidewalk on PGA Boulevard. I understand from the owner, Jim Riordan, President of Quentin Partners Co., which owns the property, that if the sign is relocated within the parking lot we will lose four parking spaces. Now that the building is fully occupied, most of the parking spaces are utilized even during the summer months. However, the four months of "tax season" (January through April) place additional demands on parking, as the firm prepares approximately 850 -900 personal income tax returns during that period of time. Therefore, the firm has a number of clients coming into the office for preparation of these tax returns. Jim indicated to me that he was told the sign's current location could be a danger to motorists. If you'll look at pictures that Jim will forward to the committee, you can see there are two to three queen palms on either side of the sign, along with a water meter that's on the east side of the sign, property lot line. Therefore, if the sign is a danger to motorists, so are the trees and the water meter. I don't think it is reasonable to say that the sign is a danger to motorists because, if that were the case, so would all of the light poles up and down PGA Boulevard. I am sure the City is not going to move the light poles because of their location. A -TRADITION OF EXCELLFNCE SINCE 1970 City of Palm Beach Gardens February 2, 2000 Page Two During the time of getting the council's approval for the construction of the building, they were very concerned about landscaping on PGA Boulevard. Therefore, when we designed the building with the landscape architect we made certain that the foliage used would soften the building construction and also blend in with the Community College's heavily treed campus. Because of that, queen palms were used in the front of the building, rosewood trees used in the parking areas. The rosewood trees are quite big now and basically shield the building so that the address and tenants listed on the front of the building are not fully visible. This obviously would be a detriment to anybody initially trying to locate this building. I also recognize that clients who have previously been to this building should be able to recognize the building's location, but many of our clients are elderly whom we see only once a year. Therefore, I would have to assume that a number of them could become confused on a year - to -year basis and make it tougher for them to find the building. Please consider the above - mentioned items when making your decision and also remember the additional cost to the owner of the property would have to bear to relocate the sign. All of these considerations were dealt with at the time the building was constructed and it seems unfair, to not only the owner, but also the tenants, many of whom have been here "from day one ", would have to adjust for the relocation of the sign. Very truly yours, dA.A� "1 Gary R. Krielow /dhk \`NT01. \COMP ANY\S E C \G \G ARY. DOC CITY OF PALM BEACH GARDENS January 8, 1999 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698 PGA Professional Plaza c/o Quentin Partners Co. 2893 SE Ocean Blvd. Stuart, FL 34996 -2769 RE: Sign in violation of Chapter 110 "SIGNS" of City Land Development Regulations: ground sign less than 15 feet from front property line. Dear Property Owner: Based on section 110 -3 of the City's Land Development Regulations, your sign has been found to be non - conforming. This ordinance was adopted on January 17, 1990 and allowed for a seven year amortization period to offset the cost of sign replacement after passage of the ordinance. On January 7, 1999 City Council provided for an additional 12 month amortization period, which will expire on January 7, 2000. You have the option to replace the sign with a conforming structure or to apply for a variance from City Council to keep the non - conforming sign. Please contact the Growth Management Department at 775 -8295 to discuss your options regarding this matter. Please ask for Kim Glas or Ed Tombari. We look forward to working with you. Sincerely, Roxanne M. Manning, AICP Growth Management Director GA Long Range \ownerlet.wpd OHIHIIH P RtHtRS CO. PRIM BIRCH GRROEH9, JURO OERCH, JUPITER, STURRT 2093 SOUTH 1091 OCERR 00011WO 91URRT, 1100.108 34996 561.220.4121 [OX.561.220.4120 December 28, 1999 James Norquist Director Planning & Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens Florida, 33410 -4698 Dear Sir, COPY We recently received a notice from your office regarding a location sign located at our Palm Beach Gardens property - 2700 PGA Boulevard. 2700 PGA Boulevard is peculiar piece of land. If there is another property in Palm Beach Gardens with these special conditions and circumstances very few exist, if any! It is built on a 100 foot wide by 450.5 feet deep piece of land, our parking lot and driveway extend close to the property lines, the building is set 150 feet back from the road. Our location sign, which was properly permitted has been in place for fifteen years. This sign contains the address for our building, no Tenant names. It is chevron and protects the water meter and associated piping. The location sign which is south of the sidewalk is surrounded by landscaping, hedges & palm trees. This landscaping is designed to improve the look of the property as well as to screen the parking lot which is approximately 20 feet from the road. Presently a motorist looking for our building would be able to find it because the location sign is located close to the road. If the location sign was moved or removed, a motorist would then necessarily need to drive at a slow rate of speed so that they could find our property, this situation (required by the city) would be detrimental to the area, potentially injurious to pedestrians and motorist alike, could cause major traffic accidents, other traffic delays, and significant other problems (possibly lawsuits directed at the city) on PGA Boulevard. ........................ To move the location sign back the 5 feet to the 15 feet set back as required by the new zoning (not in place when sign was erected) would present a true hardship. We would lose at least four parking spaces putting us in violation of other ordinances the city has, required parking. Needless to say that parking requirements might be low, we need every space we have for our tenants and their clients. Requiring us to remove the only means which a person could find our property would deprive us of rights commonly enjoyed by others. It would cause us unnecessary and undue hardships, the location sign has been in place for Fifteen Years and has caused neither a problem to pedestrian or vehicular traffic. The location sign is not obtrusive nor offensive, in fact it is a positive. We, our tenants, their clients, whom provide a tax paying economic base for city operations, all would be severely impacted by removal of the location sign. Tenants rely on it to explain to customers how to find them. Customers rely on it so that they may decrease their speed and enter our property safely. The shopping center to our east has a driveway which is unmarked immediately adjacent to our property, I have observed people stopping short causing several accidents, numerous close accidents, and severe traffic congestion, all this because motorist do not have the benefit of proper signage. Though financial hardship is not considered as sufficient evidence for granting a variance, it can be and is a factor. The City requirement of removal of the location sign would significantly lower the value of our property (property tax), and directly cause loss of rents (sales tax). Our business is leasing space to local tax paying business', if their clients are unable to find them, they are unable to do their business, they are unable to pay rent, we are unable to lease space, thus a loss of significant tax dollars to the City and State. I am sure that the city commissioners never intended this new "code" to negatively impact revenue producing properties within the city. All because the City chooses to apply a new code to a previously approved, erected, and accepted sign. We therefore request the you allow us a variance so that we may continue to enjoy a sign that was legally erected prior to the city changing the rules. We would be happy to meet with you or a representative of the City at our property, at your convenience. Please find enclosed your required forms as well as several graphic depictions of area in question. Sincerely, James Q. Riordan, Jr. President Quentin Partners Co. OHIHIIH P RI [RS CO. PPIM OERCO CHROS, JUOO MR JUPITER, STURRT 2093 SUM ERST OUH OOUIEVRRO SIMI, RUM 34996 561.220.4121 ERK.561.22O.412O 131's-0 L December 29, 1999 James Norquist Director Planning & Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens Florida, 33410 -4698 Dear Sir, We have processed the application for a variance regarding 2700 PGA Boulevard. We are now waiting for the Palm Beach Property Assessors office to provide us with the list of necessary adjacent property owners. We were informed that they have a ten day order period. When we receive the required list we will forward them to you. Happy New Year j h ✓�� mes Q. Riord Jr. resident, Que tin Partners Co. PALM BEACH COUNTY REQUEST FOR DATA RUN PROPERTY INFORMATION REQUEST NAME OF COMPANY AND /OR INDIVIDUAL: a Lt -e ►-, -)� a & ti� S ADDRESS: e5q �P 9 3 6c_.d`,6 ST ( m <L -;- 3 ¢ Q b TELEPHONE NUMBER: SL- / - J - g l,� .� ( 17/-;; 1 J,,to<j j DESCRIPTION OF RUN OR AREA REQUESTED:— — '?cn() :2111 Ilk CHECK ONE: HOMEOWNERS ASSN LABELS INDIVIDUAL OWNERS NAMES PRINT -OUT & LABELS OF EACH CONDO UNIT PRINT -OUT TAX ROLL RECEIPT I, THE UNDERSIGNED, WISH TO ORDER THE ABOVE DESCRIBED DATA RUN. I UNDERSTAND THAT I WILL BE RESPONSIBLE FOR ANY CHARGES INCURRED. PLEASE CONTACT, CLARICE P. PETERKIN PHONE #355 -2358 OR FAX 355 -4416 #355 -2352 GLORIA DEAN 4 :� A (SIGNATURE) (DATE) CITY OF PALM LEACH GARDENS 10S00 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698 November 5, 1999 VIA CERTIFIED MAIL Quentin Partners Company 2893 SE Ocean Blvd. Stuart, FL 34996 Subject: Violation or violations of the City's sign regulations; PGA Professional Plaza on PGA Blvd.; Ground sign less than 15 feet from front property line. Dear Property Owner: Please be advised that signage at the above property does not comply with the City's sign regulations, which are contained in Chapter 110 of the City Code of Ordinances. Therefore, you are requested to remedy this violation or violations as soon as possible to avoid possible code enforcement proceedings by the City, which could result in a daily penalty. Failure to correct a violation and pay the penalty could result in a lien against your property. You have been identified as the owner of the above property based on the tax rolls of Palm Beach County. Please contact the Planning and Zoning Division at (561) 775 -8295 or the above address if you are not the current owner of this property. The City's sign regulations have allowed for an amortization period since January 1990 for the above sign or signs. However, this amortization period will soon end on January 7, 2000. You have the following three options to avoid possible code enforcement proceedings: 1. Remove the nonconforming signage. 2. Replace the nonconforming signage with conforming signage. Sign Violation November 5, 1999 Page Two 3. Apply to the City Council for one or more variances from the City's sign regulations. Each variance application requires a justification why conforming with the City's sign regulations would be a hardship, pursuant to Section 110 -72 of the City code. Applying for a variance requires the submission of a variance application form, the payment of an application fee of $500.00, and the payment of the cost of legal advertising for a public hearing before the City Council. This letter follows one or more previous notices from the City regarding the nonconforming sign or signs on your property. The last notice was a certified letter from the City in January 1999. The staff of the City's Growth Management Department is available to work with you to resolve this matter. Please contact the Planning and Zoning Division at (561) 775 -8295 to discuss your options regarding the above nonconforming sign or signs. 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